THIRD SECTION
DECISION
Applications nos. 18860/05 and 52573/08
Irina Vladimirovna VAKHRUSHEVA against Russia
and Alekseyevich Sergeyevich PLESHIVTSEV and others against Russia
The European Court of Human Rights (Third Section), sitting on 21 February 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on 5 April 2005 and 13 August 2008 respectively,
Having regard to the declarations submitted by the respondent Government on 9 November 2011 requesting the Court to strike the applications out of the list of cases and the applicants’ replies to that declarations,
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 by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicants complained under Article 6 of the Convention about the quashing by way of supervisory review of the final judgments in their favour.
The applications were communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 9 November 2011 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the applications.
They acknowledged a violation of the applicants’ rights guaranteed by Article 6 of the Convention. They undertook to pay the applicants 3,150 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the national currency of the Russian Federation 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. 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 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. They further requested the Court to strike out the applications.
On 4 January and 6 January 2017, the Court received letters from the applicants informing the Court that they had agreed to the terms of the Government’s declarations. In the letter of 6 January 2017 Ms S. Bochko and Ms T. Bochko informed the Court that Mr Pleshivtsev had died on 14 August 2016. They submitted the death certificate of Mr Pleshivtsev.
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 finds that following the applicants’ express agreement to the terms of the declarations made by the Government the cases should be treated as a friendly settlement between the parties.
It therefore 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.
As for Mr Pleshivtsev the Court observes that after his demise none of his relatives expressed a wish to pursue the application on his behalf. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
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,
Decides to strike the applications out of its list of cases pursuant to Article 39 of the Convention.
Done in English and notified in writing on 16 March 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Appendix
No.
Application no.
Applicant
Date of birth
Place of residence
Nationality
Amount awarded for pecuniary and/or non‑pecuniary damage and costs and expenses per applicant (in euros)[1]
18860/05
Irina Vladimirovna VAKHRUSHEVA
12/11/1955
Russian
Moscow
3,150
2.
52573/08
Alekseyevich Sergeyevich PLESHIVTSEV
24/08/1941
Russian
Moscow
––––
Svetlana Ivanovna BACHKO
05/05/1962
Russian
Moscow
3,150
Tatyana Sergeyevna BACHKO
30/01/1990 Russian
Moscow
3,150
[1]. Plus any tax that may be chargeable to the applicants.
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