THIRD SECTION
DECISION
Application no. 57172/08
Maksim Anatolyevich SOFYIN against Russia
and 2 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 15 June 2017 as a Committee composed of:
Luis López Guerra, 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 applicants’ complaints under Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 the Protocols thereto 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 concerning the applicants’ absence from civil proceedings.
In application no. 25156/13 the applicant also raised a complaint under Article 6 of the Convention, concerning another set of the civil proceedings, which were not included in the friendly settlement negotiations between the parties.
The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.
It follows that this part of application no. 25156/13 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 concerning the applicant’s absence from civil proceedings;
Declares the remainder of the application no. 25156/13 inadmissible.
Done in English and notified in writing on 6 July 2017.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
57172/08
21/10/2008
Maksim Anatolyevich Sofyin
28/03/1980
19/04/2016
07/03/2017
1,500
25156/13
13/03/2013
Andrey Vladimirovich Yesyunin
08/12/1976
30/09/2016
10/01/2017
1,500
48540/16
09/08/2016
Mikhail Viktorovich Kosmachev
17/06/1974
03/04/2017
24/02/2017
1,500
[1]. Plus any tax that may be chargeable to the applicants.
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