THIRD SECTION
DECISION
Application no. 36534/05
Isa Ismailovich ISMAILOV against Russia
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 6 November 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, 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
A list of the applicants is set out in the appendix.
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 Article 3 of the Convention about ill‑treatment by the police and lack of effective investigation into the matter were communicated to the respondent Government. In application no. 11800/06 complaint under Article 6 § 1 of the Convention about absence of the applicant from a hearing in which the decision refusing the opening of a criminal case had been challenged was also communicated.
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 as regards the complaints under Article 3 of the Convention about ill-treatment by the police and lack of effective investigation into the matter and the complaint under Article 6 § 1 of the Convention in application no. 11800/06 (see, for similar reasoning, Veselkov v. Russia (dec.), no. 6229/13, 22 May 2018; Skrytnik v. Russia (dec.), no. 25393/07, 7 November 2017; Klimanov v. Russia (dec.), no. 11739/10, 26 September 2017; Radovanovic v. Croatia (dec.), no. 50252/12, 10 March 2015; Taran v. Ukraine (dec.), no. 8662/06, 4 December 2012; Craciuneac v. Republic of Moldova (dec.), no. 77407/11, 6 November 2012; Pokrzywka v. Poland (dec.), no. 7066/11, 9 October 2012).
The applicants in applications nos. 11800/06, 23625/06, and 47641/06 also raised other complaints under different Articles of the Convention.
The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of applications nos. 11800/06, 23625/06, and 47641/06 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints under Article 3 of the Convention and the complaint under Article 6 § 1 of the Convention in application no. 11800/06;
Declares the remainder of applications nos. 11800/06, 23625/06, and 47641/06 inadmissible.
Done in English and notified in writing on 29 November 2018.
Fatoş AracıAlena Poláčková
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Amount awarded for non-pecuniary damage and costs and expenses per applicant under the friendly settlement (in euros)[1]
36534/05
09/09/2005
Isa Ismailovich ISMAILOV
26/07/1978
Novoaleksandrovsk
Oksana Valeryevna SADCHIKOVA
40,000
11800/06
06/02/2006
Igor Vitalyevich OSHCHEPKOV
26/04/1968
Kirov
Eduard Valentinovich MARKOV
20,000
23625/06
17/04/2006
Vyacheslav Aleksandrovich ZARUBINSKIY
09/04/1957
Moscow
Valentina Aleksandrovna BOKAREVA
20,000
47641/06
28/09/2006
Aleksandr Nikolayevich GREBENNIKOV
04/09/1972
Surovikino
Igor Yuryevich LOBACHEV
20,000
[1]. Plus any tax that may be chargeable to the applicants.
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