THIRD SECTION
DECISION
This version was rectified on 21 February 2019
under Rule 81 of the Rules of Court.
Application no. 16608/10
Aleksandr Aleksandrovich RAKHMANOV against Russia
and 6 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 29 November 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 Russian Government (“the Government”) were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicants’ complaints under Articles 3 and 13 of the Convention about ill‑treatment by the police and lack of effective investigation into the matter were communicated to the respondent 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 20 December 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 and 13 of the Convention
(ill‑treatment by the police and lack of effective investigation into the matter)
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 under the friendly settlement
(in euros)[1]
16608/10
11/03/2010
Aleksandr Aleksandrovich Rakhmanov
born 12/12/1941 – deceased 27/04/2016
Heir:
Aleksandr Aleksandrovich Rakhmanov[1]
11/12/1970
Committee Against Torture
Nizhniy Novgorod[2]
14/09/2018
30/07/2018
20,000
37356/10
01/06/2010
Ilya Vladimirovich Milchakov
05/08/1982
14/09/2018
25/07/2018
20,000
54869/10
30/08/2010
Konstantin Georgiyevich Triandafillidi
05/03/1972
Druzhkova Olga Vladimirovna
Moscow
14/09/2018
09/08/2018
20,000
58843/10
06/09/2010
Vladimir Markovich Chirlin
18/10/1969
14/09/2018
24/07/2018
20,000
16090/12
29/02/2012
Boris Yuryevich Krasnopevtsev
19/05/1973
14/09/2018
04/09/2018
20,000
63876/13
19/08/2013
Sergey Valeryevich Nesterov
19/08/1973
14/09/2018
17/09/2018
20,000
20013/17
22/02/2017
Rafael Damirovich Safin
03/01/1994
Suchkov Andrey Vladimirovich
Kazan
14/09/2018
16/07/2018
20,000
[1] Rectified on 21 February 2019: the text was: “Aleksandr Aleksandrovich Rakhmanov 11/12/1970”.
[2] Rectified on 21 February 2019: the text was: “Nogorod”.
[1]. Plus any tax that may be chargeable to the applicants.
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