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NAYFONOVA AND OTHERS v. RUSSIA
Doc ref: 6942/18;11585/18;19641/18;20248/18;22294/18;22295/18;24573/18;26759/18 • ECHR ID: 001-194653
Document date: June 20, 2019
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NAYFONOVA AND OTHERS v. RUSSIA
Doc ref: 6942/18;11585/18;19641/18;20248/18;22294/18;22295/18;24573/18;26759/18 • ECHR ID: 001-194653
Document date: June 20, 2019
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 6942/18 Fatima Kazbekovna NAYFONOVA against Russia and 7 other applications
(s ee appended table)
The European Court of Human Rights (Third Section), sitting on 20 June 2019 as a Committee composed of:
Alena Poláčková, President, Dmitry Dedov, Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application s 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, and the applicant s ’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s is set out in the appended table.
The applicants ’ complaints under Article 5 § 4 of the Convention concerning the deficiencies in proceedings for review of the lawfulness of detention were communicated to the Russian Government (“the Government”) .
The Government submitted declaration s with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s .
The Government acknowledged the deficiencies in the proceedings for review of the lawfulness of detention . They offered to pay the applicants the amount s 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 amount s 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 informed the Court that they agreed to the terms of the declaration s .
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 declaration made by the Government, the case s 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 the Protocols thereto and finds no reasons to justify the continued examination of the application s .
In view of the above, it is appropriate to strike the case s 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 11 July 2019 .
Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 4 of the Convention
( Deficiencies in proceedings for review of the lawfulness of detention )
No.
Application no. Date of introduction
Applicant ’ s name
Date of birth
Representative ’ s name and location
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros) [i]
6942/18
20/11/2017
Fatima Kazbekovna Nayfonova
15/01/1979
Bezrukova Kseniya Yevgenyevna
Moscow
07/11/2018
17/12/2018
500
11585/18
13/02/2018
Sergey Stepanovich Derzhipilskiy
13/11/1996
07/11/2018
03/01/2019
500
19641/18
18/04/2018
Khadidzha Ruslanovna Khamkhoyeva
25/05/1992
Druzhkova Olga Vladimirovna
Moscow
07/11/2018
26/11/2018
500
20248/18
19/04/2018
Denis Leonidovich Danilov
01/01/1974
Sagadiyev Aleksey Ernstovich
Moscow
07/11/2018
08/04/2019
500
22294/18
16/04/2018
Rustem Samatovich Yamaliyev
18/03/1985
07/11/2018
03/01/2019
500
22295/18
19/04/2018
Ilnar Khusainovich Zinnatov
01/02/1984
07/11/2018
02/01/2019
500
24573/18
27/04/2018
Zulfat Alfatovich Sabirzyanov
15/11/1988
07/11/2018
17/12/2018
500
26759/18
22/05/2018
Ilnaz Ravilovich Safiullin
29/12/1986
07/11/2018
17/12/2018
500[i] . Plus any tax that may be chargeable to the applicants.
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