THIRD SECTION
DECISION
Application no. 47447/09
Andrey Anatolyevich LOVYGIN against Russia
and 6 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning their ill-treatment during arrest were communicated to the Russian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 December 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Articles 3 and 13 of the Convention
(ill-treatment during arrest)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses
per applicant
(in euros)[i]
47447/09
10/08/2009
Andrey Anatolyevich Lovygin
07/06/1977
02/11/2018
10/04/2019
15,000
40067/13
25/03/2013
Yuriy Nikolayevich Kudryavtsev
16/06/1961
Brester Aleksandr Aleksandrovich
Krasnoyarsk,
05/02/2019
15/04/2019
10,000
45750/13
06/06/2013
Viktor Nikolayevich Babak
10/08/1967
Sommer Ulrich
Köln
14/05/2019
04/06/2019
20,000
48228/14
27/06/2014
Aleksey Borisovich Sinegubov
12/07/1984
Committee Against Torture
Nizhniy Nogorod
30/10/2018
23/07/2018
20,000
49389/15
01/09/2015
Andrey Grigoryevich Golovachev
22/06/1967
Makarova Marina Vladimirovna
Strasbourg
30/10/2018
11/07/2018
20,000
11545/18
24/02/2018
Igor Viktorovich Vlasov
05/03/1972
06/02/2019
24/04/2019
10,000
12875/18
19/02/2018
Andrey Grigoryevich Golovachev
22/06/1967
11/03/2019
15/04/2019
10,000
[i]1 Plus any tax that may be chargeable to the applicants.
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