THIRD SECTION
DECISION
Applications nos. 48529/12 and 59725/16
Yevgeniy Viktorovich RYLOV against Russia
and Aleksey Gennadyevich BERDUTO against Russia
The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning their ill-treatment during arrest were communicated to the Russian Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged that “there has been a violation of Article 3 in its material and procedural aspects” in respect of each applicant. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the 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 5 December 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 and 13 of the Convention
(ill-treatment during arrest)
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
48529/12
31/07/2012
Yevgeniy Viktorovich Rylov
13/11/2018
04/01/2019
20,000
59725/16
30/09/2016
Aleksey Gennadyevich Berduto
02/02/1966
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
21/11/2018
02/01/2019
20,000
[i]1 Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy