THIRD SECTION
DECISION
Application no. 39099/05
Albert Kharisovich KHAZIYEV and Razina Fatyykhovna KHAZIYEVA against Russia
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 12 September 2017 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set out in the appendix,
Having regard to the decision to apply the pilot-judgment procedure taken in the case of Gerasimov and Others v. Russia (nos. 29920/05 and 10 others, § 218, 1 July 2014),
Having regard to the declarations submitted by the Government and the applicants’ acceptance of their terms,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Russian nationals whose names and dates of birth are set out in the appendix.
The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicants complained, among other matters, about the delayed enforcement of the judgments in their favour imposing various obligations in kind on domestic authorities and the lack of the effective remedies in respect of the non-enforcement complaint. Dates of the judgments, their entry into force and their full enforcement are set out in the appendix.
On various dates the applications were communicated to the Government.
On the dates specified in the appendix the Government submitted unilateral declarations with a view to resolving the issues raised by the applications.
In their declarations they acknowledged, in each case, the lengthy enforcement of the judgment in the applicant’s favour. The unilateral declarations further contained, in each case, the dates of the judgment at issue, its entry into force and its full enforcement, as well as an overall enforcement delay.
The authorities stated their readiness to pay to the applicants the sums listed in the appendix as just satisfaction. The payments were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, and would be free of any taxes that may be applicable. They would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay the sums within the said period, the Government undertook to pay simple interest on them, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payments would constitute the final resolution of the cases.
The applicant in the application no. 28654/07 deceased on 19 August 2014. The Government accepted his widow, Ms Natalya Petrovna Chernyatyeva, as the applicant’s legal heir and submitted a unilateral declaration in her name. The applicant in the application no. 39099/05, Mr Albert Kharisovich Khaziyev, deceased on 25 July 2015. The Government accepted his widow, Ms Razina Fatyykhovna Khaziyeva, also an applicant in the case, as the legal heir of Mr Khaziyev and submitted a unilateral declaration in her name.
In their letters received on the dates indicated in the appendix, the applicants or their legal heirs informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
A. Joinder of the applications
Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and examine them in a single decision.
B. Locus standi as regards applications nos. 39099/05 and 28654/07
The Court takes note of Mr Khaziyev’s and Mr Chernyatyev’s deaths and of the wish of their widows to pursue the proceedings.
The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX; Shiryayeva v. Russia, no. 21417/04, §§ 8-9, 13 July 2006; and Horváthová v. Slovakia, no. 74456/01, § 26, 17 May 2005). Nothing suggests that the rights the applicants sought to protect through the Convention mechanism were eminently personal and non-transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, § 1, 12 July 2001). The Government did not contend that Ms Khaziyeva and Ms Chernyatyeva had no standing to pursue the cases. Therefore, the Court considers that the applicants’ widows have a legitimate interest in pursuing the applications.
C. Complaints about the delayed enforcement
The Court attaches particular weight to the applicants’ express agreement to the terms of the declarations made by the Government. It finds that such agreement shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia (dec.), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey (dec.), no. 8243/08, 5 June 2012).
The Court therefore takes formal note of the friendly settlement reached between the parties. The Court further considers that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).
In any event the Committee of Ministers remains competent to supervise the execution of the terms of the friendly settlement as set out in the present decision (Article 39 § 4 of the Convention and Rule 43 § 3 of the Rules of Court). Further, in any event the Court’s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present applications to its list of cases.
In view of the above, it is appropriate to strike the cases out of the list in accordance with Article 39 of the Convention.
The Court considers that the amounts proposed by the Government should be converted into the currency of the respondent State at the rate applicable on the date of payment.
D. Other complaints
Some of the applicants raised additional complaints with reference to various Articles of the Convention and its Protocols. However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
It follows that the applications in this part are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides that in respect of applications nos. 39099/05 and 28654/07, Ms Khaziyeva and Ms Chernyatyeva have standing to continue the proceedings in their late husbands’ stead;
Decides, having regard to the terms of the Government’s declarations, and the arrangements for ensuring compliance with the undertakings referred to therein, and the applicants’ acceptance of the terms of the declarations, to strike the applications out of its list of cases in accordance with Article 39 of the Convention in respect of the complaints about the delayed enforcement of the domestic judgments;
Declares the remainder of the application no. 39099/05 inadmissible.
Done in English and notified in writing on 5 October 2017.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Representative
Date of judgment
Final on
Enforcement date
Enforcement delay as specified in the unilateral declaration
Date of unilateral declaration
Remedial offer
(euros)
Date of applicant’s letter in reply
39099/05
05/10/2005
Albert Kharisovich KHAZIYEV
16/04/1950
Izhevsk
(deceased on 25/07/2015)
Razina Fatyykhovna KHAZIYEVA
29/01/1950
Izhevsk
(also acting as a legal heir of Mr Khaziyev)
03/05/2005
31/05/2005
03/05/2012
6 years 11 months and 3 days
20/12/2016
6,500
23/03/2017
28654/07
28/05/2007
Boris Nikolayevich CHERNYATYEV
26/06/1951
St Petersburg
(deceased 19/08/2014)
Natalya Petrovna CHERNYATYEVA
08/09/1956
St Petersburg
(the applicant’s legal heir)
Rustem Abdullovich ZARBEYEV
10/12/1999
29/06/2000
28/01/2009
8 years and 7 months
10/01/2017
6,500
02/05/2017
30017/09
30/04/2009
Nataliya Georgiyevna KOLOTILSHCHIKOVA
29/12/1947
St Petersburg
Konstantin Lvovich PASHCHENKO
31/05/1975
St Petersburg
Anna Lvovna PASHCHENKO
04/01/1979
St Petersburg
18/01/2006
30/01/2006
21/02/2006
06/03/2006
29/03/2010
4 years 1 month and 29 days
22/03/2017
4,080
jointly
12/05/2017
14445/12
20/02/2012
Sergey Yuryevich DYACHENKO
09/11/1957
Moscow
15/01/2008
05/02/2008
04/04/2014
6 years and 2 months
22/03/2017
6,040
06/05/2017
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