THIRD SECTION
DECISION
Application no. 13986/05
Efletdin Muratkhanovich MIRZAKHANOV against Russia
and 16 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 5 January 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 by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
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.
In the wake of the pilot judgment, on various dates in late 2014 the applications were communicated to the Government (see Gerasimov and Others, cited above, §§ 230-31, and point 13 of the operative part).
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.
In their letters received on the dates indicated in the appendix, the applicants informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
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.
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.
For these reasons, the Court, unanimously,
Decides to join the applications;
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.
Done in English and notified in writing on 26 January 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
13986/05
14/03/2005
Efletdin Muratkhanovich MIRZAKHANOV
04/03/1937
Pyatigorsk
24/12/2004
21/03/2006
17/09/2007
1 year 5 months 26 days
15/06/2016
1,460
29/07/2016
29140/09
24/03/2009
Mikhail Vladimirovich OVCHINNIKOV
05/12/1982
Perm
17/03/2008
27/03/2008
14/02/2011
2 years 10 months 18 days
31/05/2016
2,830
09/08/2016
51269/10
05/07/2010
Viktor Viktorovich KISHKEL
10/09/1959
Kaliningrad
Irina Ivanovna KISHKEL
23/07/1962
Kaliningrad
Sofiya Adolfovna KISHKEL
22/02/1938
Kaliningrad
1) 20/05/1999
quashed on 11/10/1999
2) 09/12/1999
quashed on 17/07/2000
3) 01/02/2001
28/03/2001
07/05/2008
7 years 1 month
14/07/2016
6,500 (jointly)
06/09/2016
14509/11
22/01/2011
Lyudmila Fedorovna DAVYDOVA
08/09/1955
Yaroslavl
Andrey Dmitriyevich KRYLOV
18/02/2008
02/06/2008
09/06/2014
6 years 7 days
14/07/2016
5,900
05/09/2016
18309/11
02/03/2011
Igor Anatolyevich STRILCHUK
29/11/1964
Moscow
05/11/2009
24/11/2009
22/05/2013
3 years 5 months 28 days
18/01/2016
3,420
09/03/2016
14208/12
11/02/2012
Marziya Galyanovna SHEVELEVA
15/07/1936
Chita
11/03/2011
06/07/2011
07/07/2014
3 years 1 day
18/01/2016
2,940
16/03/2016
23724/12
03/04/2012
Sergey Ivanovich GONCHAROV
19/01/1970
Moscow
01/04/2010
20/04/2010
29/03/2013
2 years 11 months 9 days
18/01/2016
2,880
29/02/2016
33390/12
14/04/2012
Aleksandra Konstantinovna ARONOVA
02/05/1932
Sokol
13/10/2011
23/10/2011
24/12/2014
3 years 2 months 1 day
18/01/2016
3,110
11/03/2016
73421/12
15/10/2012
Raisa Yevgenyevna ZHIGALOVA
04/08/1988
Syktyvkar
21/11/2011
08/12/2011
04/02/2014
2 years 1 month 27 days
18/01/2016
2,120
07/03/2016
3040/13
12/11/2012
Dmitriy Olegovich MALYSHEV
16/06/1970
Kaliningrad
15/09/2010
26/09/2010
17/12/2013
3 years 3 months
14/07/2016
3,160
14/09/2016
15685/13
31/01/2013
Yuriy Gennadyevich KONDRATYEV
18/04/1959
Ryazan
21/05/2009
09/07/2009
12/04/2013
3 years 9 months
14/07/2016
3,680
04/11/2016
25252/13
19/03/2013
Yuriy Grigoryevich GOLOVIN
25/06/1954
Pechora
Aleksey Leonidovich SHEVELEV
14/08/2008
26/08/2008
07/11/2014
6 years 2 months 12 days
17/02/2016
6,000
07/04/2016
39190/13
04/06/2013
Fedor Vasilyevich RUSSKIKH
27/02/1954
Izhevsk
11/04/2012
25/06/2012
20/03/2015
2 years 8 months 23 days
17/02/2016
1,340
22/03/2016
58566/13
26/08/2013
Darya Andreyevna KOMIRNAYA
21/02/1995
Volsk
Aleksey Borisovich VOLOGIN
15/03/2011
26/03/2011
15/08/2013
2 years 4 months 19 days
15/07/2015
2,340
26/08/2015
72348/13
09/11/2013
Ruzaliya Ivanovna AKMALETDINOVA
10/06/1965
Kazan
Flera Kamilyevna KHAKIMOVA
14/04/1983
Kazan
Alsu Railevna MINNIVALEYEVA
17/05/2005
Kazan
Yaroslav Teodorovich PODVA
19/03/2010
04/04/2010
24/07/2013
3 years 3 months 21 days
17/02/2016
3,240 (jointly)
08/04/2016
25541/14
13/03/2014
Dmitriy Yuryevich SHILKIN
01/05/1985
Syktyvkar
Aleksey Leonidovich SHEVELEV
08/08/2012
08/08/2012
10/03/2016
3 years 7 months 2 days
20/09/2016
3,510
16/11/2016
28403/14
21/03/2014
Yelena Viktorovna OVCHINNIKOVA
21/08/1971
Lipetsk
18/01/2012
29/02/2012
20/10/2014
2 years 7 months 19 days
17/02/2016
2,590
29/03/2016
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