FIRST SECTION
DECISION
Application no. 20812/03
by Mikhail Ambartsumovich SARKISYAN
against Russia
The European Court of Human Rights (First Section), sitting on 2 March 2006 as a Chamber composed of:
MrC.L. Rozakis, President,
MrsS. Botoucharova,
MrA. Kovler,
MrsE. Steiner,
MrK. Hajiyev,
MrD. Spielmann,
MrS.E. Jebens, judges,
and Mr S. Quesada, Deputy Section Registrar,
Having regard to the above application lodged on 31 May 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Mikhail Ambartsumovich Sarkisyan, is a Russian national who was born in 1948 and lives in Rostov-on-Don. The Russian Government (“the Government”) are represented by their Agent, Mr P. Laptev, Representative of the Russian Federation at the European Court of Human Rights.
On 28 September 1996 the applicant was granted disability status of second degree with the loss of 80% of capacity to work due to his participation in emergency operations at the site of the Chernobyl nuclear plant disaster. On an unspecified date, he was awarded compensation for damage to health by the social security authorities.
In 1999 the applicant instituted proceedings against the Leninskiy District Social Security Service of Rostov-on-Don (Муниципальное Учреждение социальной защиты населения Ленинского района г. Ростова-на-Дону), claiming that the compensation had not been calculated correctly and seeking to increase the compensation and to recover the unpaid amount.
On 8 October 1999 the Leninskiy District Court of Rostov-on-Don (Ленинский районный суд г. Ростова-на-Дону) granted the applicant’s claim and ordered the defendant to pay him a lump sum of 26,679.96 Russian roubles (approx. 968 euros at the material time) and to make monthly payments of 3,557.34 Russian roubles (approx. 130 euros at the material time) starting from December 1999. The part of the judgment concerning the monthly payments was subject to immediate execution. No appeal was lodged and this judgment became final on 19 October 1999.
On 2 March 2000, following a periodic medical examination, the applicant’s disability status of second degree was confirmed. His loss of capacity to work was found to have increased to 90%.
On an unspecified date, the applicant instituted proceedings against the Leninskiy District Social Security Service of Rostov-on-Don, claiming that he was entitled to an increase in the compensation since 2 March 2000 and seeking to recalculate the compensation and to recover the unpaid amount.
On 26 January 2001 the Leninskiy District Court of Rostov-on-Don granted the applicant’s claim and ordered the defendant to pay him a lump sum of 4,891.37 Russian roubles (approx. 186 euros at the material time) and to make monthly payments of 4,002.01 Russian roubles (approx. 152 euros at the material time) starting from 1 February 2001 with the subsequent indexation, depending on the increases in the minimum monthly wage or in the applicant’s loss of capacity to work. The part of the judgment concerning the monthly payments was subject to immediate execution. No appeal was lodged and this judgment became final on 5 February 2001.
The enforcement of both judgments was delayed due to the lack of budgetary funds.
On 26 April, 29 May and 28 June 2002 three sums of money fully corresponding to the judgment debts were transferred to the applicant’s account. From 1 July 2002 onwards the applicant was paid the amount of 4,002.01 Russian roubles on a monthly basis, as ordered by the judgment of 26 January 2001.
COMPLAINT
The applicant complained under Article 13 of the Convention about the delayed enforcement of the judgments of 8 October 1999 and 26 January 2001.
THE LAW
On 10 March 2005 the case was communicated to the Government. On 12 May 2005 the Government submitted their observations. No observations were submitted by the applicant in reply.
By a letter of 30 November 2005 the applicant informed the Court that on 21 November 2005 a settlement had been reached between him and the relevant social security authorities at the domestic level confirmed by the Leninskiy District Court of Rostov-on-Don. According to the settlement, the authorities undertook to pay non-pecuniary damage to the applicant for the delayed enforcement of the judgments of 8 October 1999 and 26 January 2001 in the amount equivalent to 1,550 euros. This amount is to be exempt from any taxes and is to be paid to the applicant within three months from the date of the Court’s decision to strike the application off its list of cases. In return, provided that this condition was met, the applicant undertook to withdraw his application lodged with the Court. The parties undertook to inform the Court as soon as the above amount was paid to the applicant.
By a letter of 9 January 2006 the applicant again informed the Court that he wished to resolve the case as set out in the above settlement and had no further claims to the Government.
On 16 January 2006 the Government confirmed that a settlement had been reached with the applicant on 21 November 2005.
The Court takes note of the settlement reached between the parties and finds that the matter has been resolved at the domestic level (Article 37 § 1 (b)). Furthermore, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which would require the continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Santiago QuesadaChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy