THIRD SECTION
DECISION
Application no. 53555/14
Oleg Nikolayevich TYURIN against Russia
and 6 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 24 May 2018 as a Committee composed of:
Alena Poláčková, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of 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 LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They acknowledged the applicants’ absence from civil proceedings. 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 converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received any comments from the applicants. They must therefore be presumed to have taken cognisance of their terms and to have no objections to them (see, for similar reasons, Igranov and Others v. Russia, nos. 42399/13 and 8 others, § 23, 20 March 2018).
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
The Court further observes that it has established clear and extensive case-law concerning complaints relating to the applicant’s absence from civil proceedings (see, for example, Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, 16 February 2016).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 14 June 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
53555/14
09/07/2014
Oleg Nikolayevich Tyurin
31/01/1967
31/01/2017
1,500
57608/14
22/09/2014
Vasiliy Arkadyevich Bogatyrev
11/03/1959
31/01/2017
1,500
74227/14
28/10/2014
Vitaliy Viktorovich Masyukov
05/03/1978
31/01/2017
1,500
76108/14
28/10/2014
Oleg Mikhaylovich Loktionov
12/03/1977
Kalinina Svetlana Nikolayevna
Yekaterinburg
31/01/2017
1,500
77356/14
31/10/2014
Vitaliy Viktorovich Starikov
07/01/1980
31/01/2017
1,500
18418/15
01/04/2015
Igor Fridrikhovich Puzanov
15/12/1975
31/01/2017
1,500
19525/15
09/04/2015
Oleg Vyacheslavovich Zalivin
17/09/1966
31/01/2017
1,500
[i]. Plus any tax that may be chargeable to the applicants.
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