THIRD SECTION
DECISION
Applications nos. 2833/18 and 2842/18
Aleksandr Yuryevich IVANOV
and Konstantin Aleksandrovich CHUMAKOV against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 16 May 2019 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 26 December 2017,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ details are set out in the appended table.
The applicants were represented by Mr A.V. Glukhov, a lawyer practising in Novocheboksarsk.
The applicants’ complaints under Article 3 of the Convention concerning the insufficient non-pecuniary compensation awarded by the domestic courts to the applicants for their ill‑treatment by the Novocheboksarsk police in September 2016 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 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.
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 6 June 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of Government’s 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]
2833/18
26/12/2017
Aleksandr Yuryevich Ivanov
21/02/1994
19/12/2018
30/10/2018
5,000
2842/18
26/12/2017
Konstantin Aleksandrovich Chumakov
08/06/1996
19/12/2018
30/10/2018
5,000
[1]. Plus any tax that may be chargeable to the applicants.
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