THIRD SECTION
DECISION
Applications nos. 34893/09 and 25721/13
Mikhail Gennadyevich MOSYAGIN against Russia
and Ivan Vasilyevich ANOSHKIN against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 7 March 2019 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 and their personal details appear in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention about ill-treatment in State custody and absence of an effective investigation into the matter were communicated to the Russian Government (“the Government”).
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 the communicated complaints against an undertaking by the Government to pay them the amounts detailed in the appended table to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, plus any tax that may be chargeable, which will be converted into Russian roubles at the rate applicable on the date of payment. The amounts 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.
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 28 March 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
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)[1]
34893/09
14/05/2009
Mikhail Gennadyevich Mosyagin
09/08/1974
13/11/2018
13/08/2018
20,000
25721/13
05/04/2013
Ivan Vasilyevich Anoshkin
03/02/1980
Mikhail Mikhaylovich
Golichenko
Balashikha
13/11/2018
01/10/2018
20,000
[1]. Plus any tax that may be chargeable to the applicants.
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