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MANIKHINY AND OTHERS v. RUSSIA

Doc ref: 10434/07;54033/10;71774/12;32099/13;34801/17 • ECHR ID: 001-185344

Document date: July 5, 2018

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MANIKHINY AND OTHERS v. RUSSIA

Doc ref: 10434/07;54033/10;71774/12;32099/13;34801/17 • ECHR ID: 001-185344

Document date: July 5, 2018

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 10434/07 Raisa Yakovlevna MANIKHINA and Boris Ivanovich MANIKHIN

against Russia and 4 other applications (see appended table)

The European Court of Human Rights (Third Section), sitting on 5 Ju ly 2018 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 application s lodged on the various dates indicated in the appended table,

Having regard to the formal declaration s accepting a friendly settlement of the cases,

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 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”) . In application no. 10434/07, another complaint based on the same facts was also communicated under Article 6 of the Convention.

The Court received friendly-settlement declarations under which the applicant s agreed to waive any further claims against Russia in respect of the facts giving rise to the complaints concerning their absence from civil proceedings and the other complaint under well-established case-law (see appended table below), subject to an undertaking by the Government to pay them, the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 case s out of the list as regards the complaints concerning the applicants ’ absence from civil proceedings, and the other complaint under well-established case-law covered by the friendly settlement (see appended table below) .

The applicant in application no. 32099/13 also raised a complaint under Article 13 of the Convention.

The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of application no. 32099/13 must be rejected in accordance with Article 35 § 4 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 as regards the complaints concerning the applicants ’ absence from civil proceedings and the other complaint under well-established case-law, as indicated in the appended table below ;

Declares the remainder of application no. 32099/13 inadmissible.

Done in English and notified in writing on 26 July 2018 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

( applicant ’ s absence from civil proceedings)

No.

Application no. Date of introduction

Applicant name

Date of birth

Other complaints under well ‑ established case-law

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for non-pecuniary damage and costs and expenses

per applicant/household

(in euros) [i]

10434/07

09/02/2007

Household

Raisa Yakovlevna Manikhina

13/08/1937

Boris Ivanovich Manikhin

24/02/1938

Art. 6 (1) - excessive length of civil proceedings - proceedings from 05/04/2002 till 28/02/2003 and then resumed on 06/11/2003 and closed on 05/12/2006

26/03/2018

30/01/2018

1,950

54033/10

04/08/2010

Vasiliy Aleksandrovich Goloshchapov

25/07/1962

03/04/2017

04/04/2017

1,500

71774/12

11/10/2012

Maksim Viktorovich Viktorov

16/12/1979

03/04/2017

05/04/2017

1,500

32099/13

13/04/2013

Yakov Aleksandrovich Grigoryev

24/12/1984

15/01/2018

16/11/2017

1,500

34801/17

28/04/2017

Denis Yuryevich Buzytskov

19/10/1978

26/03/2018

04/01/2018

1,500

[i] . Plus any tax that may be chargeable to the applicants.

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