THIRD SECTION
DECISION
Application no. 40869/06
Yuriy Vasilyevich MELNIKOV against Russia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 22 November 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights.
The applicants complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention about the quashing by way of supervisory review of the final domestic judgments in their favour.
On different dates indicated in the appendix the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them sums indicated in the appendix to cover any pecuniary and/or non-pecuniary damage as well as costs and expenses, which will be converted into Russian roubles at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 its Protocols 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.
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 the list of cases (see E.G. and Others v. Poland and 175 other Bug River applications (dec.), nos. 50425/99 and 174 others, § 29, ECHR 2008 (extracts)).
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 15 December 2016.
Fatoş AracıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and/or non-pecuniary damage and costs and expenses per applicant (in euros)[1]
40869/06
20/10/2006
Yuriy Vasilyevich MELNIKOV
04/08/1960
Voronezh
23/09/2016
17/08/2016
EUR 5,000
2669/07
20/10/2006
Igor Dmitriyevich GRITSAY
06/10/1958
Shakhty
23/09/2016
24/08/2016
EUR 5,000
21121/07
20/04/2007
Irina Sergeyevna SKORODUMOVA
15/11/1961
St Petersburg
23/09/2016
02/09/2016
EUR 5,000
26215/07
15/05/2007
Maksim Aleksandrovich MOLODTSEV
05/10/1978
Novosibirsk
23/09/2016
18/08/2016
EUR 1,500
38500/07
04/07/2007
Lyubov Dmitriyevna ARISTARKHOVA
15/07/1948
Obninsk
23/09/2016
05/08/2016
EUR 1,500
49785/07
27/11/2004
Anatoliy Pavlovich NOVIKOV
19/06/1952
Moscow
23/09/2016
18/08/2016
EUR 1,500
923/08
14/12/2007
Anatoliy Nikolayevich GOROVENKO
26/04/1953
Krasnoyarsk
23/09/2016
21/09/2016
EUR 5,000
23213/08
24/04/2008
Galina Ivanovna POLCHAK
16/01/1959
Novoaleksandrovsk
23/09/2016
21/09/2016
EUR 1,500
58357/08
30/05/2008
Yuriy Anatoliyevich LI
12/06/1950
St Petersburg
23/09/2016
05/08/2016
EUR 1,500
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy