THIRD SECTION
DECISION
Application no. 10434/07
Raisa Yakovlevna MANIKHINA and Boris Ivanovich MANIKHIN
against Russia
and 4 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 5 July 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, 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 Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”). In application no. 10434/07, another complaint based on the same facts was also communicated under Article 6 of the Convention.
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 the complaints concerning their absence from civil proceedings and the other complaint under well-established case-law (see appended table below), 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 as regards the complaints concerning the applicants’ absence from civil proceedings, and the other complaint under well-established case-law covered by the friendly settlement (see appended table below).
The applicant in application no. 32099/13 also raised a complaint under Article 13 of the Convention.
The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of application no. 32099/13 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the applicants’ absence from civil proceedings and the other complaint under well-established case-law, as indicated in the appended table below;
Declares the remainder of application no. 32099/13 inadmissible.
Done in English and notified in writing on 26 July 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(applicant’s absence from civil proceedings)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Other complaints under well‑established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant/household
(in euros)[i]
10434/07
09/02/2007
Household
Raisa Yakovlevna Manikhina
13/08/1937
Boris Ivanovich Manikhin
24/02/1938
Art. 6 (1) - excessive length of civil proceedings - proceedings from 05/04/2002 till 28/02/2003 and then resumed on 06/11/2003 and closed on 05/12/2006
26/03/2018
30/01/2018
1,950
54033/10
04/08/2010
Vasiliy Aleksandrovich Goloshchapov
25/07/1962
03/04/2017
04/04/2017
1,500
71774/12
11/10/2012
Maksim Viktorovich Viktorov
16/12/1979
03/04/2017
05/04/2017
1,500
32099/13
13/04/2013
Yakov Aleksandrovich Grigoryev
24/12/1984
15/01/2018
16/11/2017
1,500
34801/17
28/04/2017
Denis Yuryevich Buzytskov
19/10/1978
26/03/2018
04/01/2018
1,500
[i]. Plus any tax that may be chargeable to the applicants.
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