THIRD SECTION
DECISION
Application no. 7061/06
Eduard Vladimirovich TSELINSKIY against Russia
and 25 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 5 January 2017 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set out in the appendix,
Having regard to the decision to apply the pilot-judgment procedure taken in the case of Gerasimov and Others v. Russia (nos. 29920/05 and 10 others, § 218, 1 July 2014),
Having regard to the declarations submitted by the Government and the applicants’ acceptance of their terms,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Russian nationals whose names and dates of birth are set out in the appendix.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
The applicants complained, among other matters, about the delayed enforcement of the judgments in their favour imposing various obligations in kind on domestic authorities and the lack of the effective remedies in respect of the non-enforcement complaint. Dates of the judgments, their entry into force and their full enforcement are set out in the appendix.
In the wake of the pilot judgment, on various dates in late 2014 the applications were communicated to the Government (see Gerasimov and Others, cited above, §§ 230-31, and point 13 of the operative part).
On the dates specified in the appendix the Government submitted unilateral declarations with a view to resolving the issues raised by the applications.
In their declarations they acknowledged, in each case, the lengthy enforcement of the judgment in the applicant’s favour. The unilateral declarations further contained, in each case, the dates of the judgment at issue, its entry into force and its full enforcement, as well as an overall enforcement delay.
The authorities stated their readiness to pay to the applicants the sums listed in the appendix as just satisfaction. The payments were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, and would be free of any taxes that may be applicable. They would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay the sums within the said period, the Government undertook to pay simple interest on them, from 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 payments would constitute the final resolution of the cases.
In their letters received on the dates indicated in the appendix, the applicants informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and examine them in a single decision.
The Court attaches particular weight to the applicants’ express agreement to the terms of the declarations made by the Government. It finds that such agreement shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia (dec.), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey (dec.), no. 8243/08, 5 June 2012).
The Court therefore takes formal note of the friendly settlement reached between the parties. The Court further considers that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).
In any event the Committee of Ministers remains competent to supervise the execution of the terms of the friendly settlement as set out in the present decision (Article 39 § 4 of the Convention and Rule 43 § 3 of the Rules of Court). Further, in any event the Court’s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present applications to its list of cases.
In view of the above, it is appropriate to strike the cases out of the list in accordance with Article 39 of the Convention.
The Court considers that the amounts proposed by the Government should be converted into the currency of the respondent State at the rate applicable on the date of payment.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides, having regard to the terms of the Government’s declarations, and the arrangements for ensuring compliance with the undertakings referred to therein, and the applicants’ acceptance of the terms of the declarations, 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 26 January 2017.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
APPENDIX
No.
Application
no.
Lodged on
Applicant
Date of birth
Place of residence
Representative
Date of judgment
Final on
Enforcement date
Enforcement delay as specified in the unilateral declaration
Date of unilateral declaration
Remedial offer
(euros)
Date of applicant’s letter in reply
7061/06
27/01/2006
Eduard Vladimirovich TSELINSKIY
29/01/1966
Klin
09/07/2007
27/07/2007
29/06/2011
3 years 11 months
25/07/2016
3,850
22/09/2016
11765/06
09/02/2006
Raisa Mikhaylovna VASETSKAYA
17/08/1948
Milovidovo
13/03/2002
25/03/2002
27/04/2007
5 years 1 month
01/06/2016
3,210
27/09/2016
25026/06
26/05/2006
Andrey Mikhaylovich SHASHKOV
07/11/1967
Yekaterinburg
13/12/2005
30/12/2005
11/08/2008
2 years 7 months 12 days
01/06/2016
2,560
18/08/2016
44076/07
11/09/2007
Aleksandr Borisovich TELKOV
26/09/1957
St Petersburg
Galina Nikolayevna TELKOVA
30/03/1962
St Petersburg
05/03/1999
05/04/1999
29/10/2008
9 years 6 months 24 days
26/09/2016
6,500
07/11/2016
15446/09
16/05/2008
Nina Aleksandrovna YEZHOVA
10/11/1949
Chelyabinsk
06/05/2004
24/05/2004
20/11/2007
3 years 5 months 27 days
07/07/2016
3,420
09/08/2016
22514/09
18/02/2009
Zelimkhan Abadiyevich GUTIYEV
01/01/1942
Alkhanchurt
Aleksandr Yuryevich DZILIKHOV
01/03/2005
19/04/2005
03/06/2013
8 years 1 month 15 days
07/07/2016
6,500
19/09/2016
37610/09
03/06/2009
Igor Aleksandrovich PATERIKIN
30/09/1961
Svetlyy
31/03/2008
02/07/2008
23/12/2010
2 years 5 months 21 days
07/07/2016
2,420
14/10/2016
40999/09
13/05/2009
Lyudmila Sergeyevna TYULKINA
02/06/1949
Armavir
07/07/2005
19/07/2005
24/06/2013
7 years 11 months 5 days
07/07/2016
6,500
09/08/2016
2656/10
22/12/2009
Aleksandr Mikhaylovich KADUSHKIN
04/04/1947
Sochi
Tatyana Ivanovna KADUSHKINA
31/10/1953
Sochi
10/10/2006
23/11/2006
22/10/2009
2 years 11 months
07/07/2016
2,850 (jointly)
16/08/2016
4526/10
29/12/2009
Galina Ilyinichna TEPLYAKOVA
01/01/1952
Shenkursk
24/11/2008
05/12/2008
02/12/2011
2 years 11 months 27 days
07/07/2016
2,930
11/08/2016
6269/10
30/11/2009
Sergey Vladimirovich VOROTNIKOV
07/01/1966
Pushkino
21/05/2009
02/06/2009
11/07/2013
4 years 1 month 9 days
07/07/2016
4,030
09/08/2016
19910/10
09/03/2010
Yelena Alekseyevna SERDYUKOVA
05/06/1961
Belgorod
15/05/2009
02/07/2009
20/05/2015
5 years 10 months 18 days
13/07/2016
5,760
19/09/2016
28858/10
04/05/2010
Mikhail Aleksandrovich BULATOV
04/08/1976
Moscow
13/08/2009
25/08/2009
27/12/2012
3 years 4 months 2 days
13/07/2016
3,270
03/10/2016
28859/10
04/05/2010
Nikolay Vladimirovich YAKOVLEV
15/01/1976
Moscow
13/08/2009
25/08/2009
05/09/2013
4 years 10 days
18/04/2016
3,950
13/06/2016
32272/10
30/04/2010
Aleksandr Semenovich SHEVELEV
14/01/1973
Syktyvkar
Ernest Aleksandrovich MEZAK
21/05/2008
28/06/2008
06/05/2014
5 years 10 months 8 days
13/07/2016
5,000
29/09/2016
42962/10
07/07/2010
Pavel Yakovlevich KOMARNITSKIY
08/05/1966
Rostov-na-Donu
27/08/2008
09/09/2008
26/06/2012
3 years 9 months 17 days
18/04/2016
3,720
08/06/2016
44376/10
08/06/2010
Nikolay Refatovich ABDULIN
06/04/1961
Rostov-na-Donu
17/07/2008
04/08/2008
07/03/2013
4 years 7 months 3 days
18/04/2016
4,500
02/06/2016
45597/10
18/06/2010
Yuriy Vladimirovich YAKOVLEV
12/05/1963
Krasnyy Krym
04/07/2008
15/07/2008
21/08/2012
4 years 1 month 6 days
18/04/2016
4,020
02/06/2016
48887/10
30/07/2010
Murat Khasanbiyevich KAKIYEV
23/01/1979
Argudan
10/04/2009
06/05/2009
19/06/2012
3 years 1 month 13 days
13/07/2016
3,060
08/09/2016
61885/10
30/09/2010
Valeriy Sergeyevich MAKAROV
01/07/1953
Moscow
07/02/2008
23/02/2008
17/05/2010
02/09/2010
31/05/2013
12/01/2016
7 years 10 months 17 days
13/07/2016
6,500
10/10/2016
71229/10
29/11/2010
Andrey Olegovich OSTROVERKHIY
13/01/1980
Moscow
16/10/2009
03/11/2009
30/01/2013
3 years 2 months 27 days
18/04/2016
3,180
17/05/2016
71329/10
12/11/2010
Sergey Nikolayevich AKSENOV
03/09/1962
Balashikha
14/08/2008
01/09/2008
02/11/2011
3 years 2 months 1 day
13/07/2016
3,100
03/10/2016
36858/11
31/05/2011
Oleg Vladimirovich STROGIN
16/07/1984
Cheboksary
06/10/2010
19/10/2010
23/04/2012
1 year 6 months 4 days
01/07/2016
1,480
09/08/2016
45657/11
04/06/2011
Andrey Leonidovich KOMAROV
15/04/1972
Arkhangelsk
Aleksandr Leonidovich KOMAROV
26/05/1977
Arkhangelsk
Lyudmila Dmitriyevna KOMAROVA
12/10/1941
Arkhangelsk
Igor Yuryevich TELYATYEV
14/11/2006
24/11/2006
27/12/2010
4 years 1 month 5 days
01/07/2016
4,010 (jointly)
08/08/2016
57402/11
16/08/2011
Vladimir Mikhaylovich NEMCHENKO
19/04/1966
Moscow
24/10/2007
09/11/2007
14/06/2013
5 years 7 months 10 days
01/07/2016
5,490
18/08/2016
70759/11
24/10/2011
Valentina Stepanovna DENISKO
19/03/1930
Yakutsk
21/10/1999
31/10/1999
30/10/2012
13 years 4 days
01/07/2016
6,500
18/08/2016
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