THIRD SECTION
DECISION
Application no. 10067/04
Viktor Mikhailovich VETROV against Russia
and 12 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 25 April 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 initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by Mr A. Fedorov, Head of the Office of the Representative of the Russian Federation to the Court.
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.
On 27 March 2011 Ms Kostromitina, an applicant in case no. 17650/07, died. On 2 March 2012 her daughter, Ms Giyesova, also an applicant in the case, expressed her willing to participate in the proceedings before the Court in her mother’s stead.
On various dates 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. In case no. 39912/05 the Government specified separately an amount in euros they offered in compensation for non-pecuniary damage and an amount in Russian roubles as a reimbursement for postage (see the appendix). 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
A. Joinder of the applications
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.
B. Locus standi as regards application no. 17650/07
The Court takes note of Ms Kostromitina’s death and of the wish of Ms Giyesova to pursue the proceedings.
The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX; Shiryayeva v. Russia, no. 21417/04, §§ 8-9, 13 July 2006; and Horváthová v. Slovakia, no. 74456/01, § 26, 17 May 2005). Nothing suggests that the rights the applicant sought to protect through the Convention mechanism were eminently personal and non-transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, § 1, 12 July 2001). The Government did not contend that Ms Giyesova had no standing to pursue the case. Therefore, the Court considers that the applicant’s daughter has a legitimate interest in pursuing the application.
C. Complaints about the delayed enforcement
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.
D. Other complaints
Some of the applicants raised additional complaints with reference to various Articles of the Convention and its Protocols. However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
It follows that the applications in this part are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides that in respect of application no. 17650/07, Ms Yelena Yevgenyevna Giyesova has standing to continue the proceedings in Ms Lyubov Fedorovna Kostromitina’s stead;
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 in respect of the complaints about the delayed enforcement of the domestic judgments;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 18 May 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
10067/04
11/02/2004
Viktor Mikhailovich VETROV
11/08/1954
Barnaul
15/12/2000
15/12/2000
22/12/2004
4 years 7 days
09/06/2016
3,940
02/08/2016
8241/05
19/01/2005
Vera Petrovna NAVESOVA
01/03/1952
Ulan-Ude
Olga Petrovna SAFONOVA
10/12/1998
25/05/1999
31/01/2002
10/02/2002
22/11/2010
11 years 5 months and 28 days
29/09/2016
6,500
14/11/2016
39912/05
25/09/2005
Vladimir Nikolayevich MASIN
10/06/1958
Petrozavodsk
23/03/2005
19/05/2005
29/12/2010
5 years 7 months and 10 days
19/10/2012
5,500
and 218.1 Russian roubles
26/03/2015
1244/06
24/11/2005
Sergey Vitalyevich MELNIKOV
04/07/1954
Moscow
Leonid Anatolyevich CHERNYSHOV
17/11/2005
06/12/2005
08/05/2007
1 year 5 months and 2 days
29/09/2016
1,390
03/01/2017
6587/06
01/02/2006
Gennadiy Nikandrovich KUNITSKIY
26/05/1955
Balashov
16/12/2004
28/12/2004
29/05/2006
1 year 5 months and 1 day
09/06/2016
1,390
08/09/2016
13537/06
08/02/2006
Aleksandr Grigoryevich LABYTSIN
02/12/1952
Golovenki
Ivan Rimmovich MEDVEDEV
24/04/2003
12/05/2003
06/02/2008
4 years 8 months and 25 days
09/06/2016
4,650
04/08/2016
35571/06
15/07/2006
Leonid Yakovlevich ZHELEZNYAKOV
09/10/1940
Tuapse
Larisa Mikhaylovna ZHELEZNYAKOVA
17/09/1945
Tuapse
13/02/2001
26/02/2001
18/01/2007
5 years 10 months and 23 days
28/07/2016
3,710 (jointly)
21/09/2016
40917/06
07/08/2006
Sergey Yuryevich ABRAMOV
05/12/1957
Kostroma
28/01/2002
12/02/2002
29/04/2008
6 years 2 months and 17 days
15/06/2016
6,092
28/07/2016
49281/06
23/11/2006
Renat Rustamovich AKHMETZYANOV
17/07/1976
Moscow
06/04/2006
07/06/2006
11/06/2008
2 years and 4 days
29/09/2016
1,970
14/12/2016
13869/07
19/03/2007
Liya Faritovna ZIYAZOVA
02/01/1957
Yekaterinburg
Elza Fanisovna MEZENTSEVA
09/08/1985
Yekaterinburg
Liana Fanisovna YAKIMOVA
29/04/1978
Yekaterinburg
Yevgeniy Nikolayevich YAKIMOV
11/06/1972
Yekaterinburg
Elvira Aleksandrovna GERBEL
07/07/2006
05/09/2006
09/06/2008
1 year 9 months and 4 days
29/09/2016
1,729 (jointly)
09/12/2016
17650/07
19/03/2007
Lyubov Fedorovna KOSTROMITINA
22/09/1959
(Deceased on 27/03/2011)
Yekaterinburg
Yevgeniy Nikolayevich KOSTROMITIN
24/01/1960
Yekaterinburg
Yelena Yevgenyevna GIYESOVA
11/09/1982
Yekaterinburg
(Acting also as an heir of KOSTROMITINA L.F.)
Sergey Yevgenyevich KOSTROMITIN
02/11/1985
Yekaterinburg
Elvira Aleksandrovna GERBEL
07/07/2006
05/09/2006
Summer 2008
2 years
30/09/2016
1,800 (jointly)
09/12/2016
23145/07
13/03/2007
Nikolay Nikolayevich UGLYANITSA
25/03/1949
St Petersburg
Rustem Abdullovich ZARBEYEV
17/04/2006
01/06/2006
16/10/2009
3 years 4 months and 15 days
28/07/2016
3,310
26/08/2016
36291/07
25/06/2007
Igor Leonidovich MULTAN
17/12/1964
St Petersburg
09/03/2006
22/08/2006
16/12/2008
2 years 3 months and 24 days
29/09/2016
2,270
10/01/2017
Full & Egal Universal Law Academy