FIRST SECTION
DECISION
Applications nos. 55244/13 and 12617/14
Lidiya Vladimirovna UVAROVA against Russia
and Sergey Pavlovich KOROSTYSHEVSKIY against Russia
The European Court of Human Rights (First Section), sitting on 6 October 2015 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 12 August 2013 and 1 February 2014, respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant in the first case, Ms Lidiya Vladimirovna Uvarova, is a Russian national, who was born in 1957 and lives in Samara. She was represented before the Court by Ms L. Spirina, a lawyer practising in the Kalmykia Republic.
2. The applicant in the second case, Mr Sergey Pavlovich Korostyshevskiy, is a Russian national, who was born in 1949 and lives in St. Petersburg. He was represented before the Court by Mr E. Wesselink and Ms V. Kogan, lawyers from Stichting Russian Justice Initiative, Moscow.
3. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
4. The applicants complained, in particular, about their relatives’ death resulting poor medical care in detention.
5. On various dates 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 these applications against an undertaking by the Government to pay them 40,000 euros to cover any pecuniary and non-pecuniary damage together with any costs and expenses incurred, as well as any tax that may be chargeable to the applicants. The payment will be converted into Russian roubles at the rate applicable on the date of payment. It will be payable within three months from the date of notification of the decision taken by the Court. The payment will constitute the final resolution of the cases.
THE LAW
6. 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.
7. 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 in accordance with Article 39 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.
Done in English and notified in writing on 29 October 2015.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy