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BURTOVOY AND OTHERS v. RUSSIA
Doc ref: 48342/13;43155/14;43279/14;51086/14;58050/14;60428/14;61617/14;71766/14 • ECHR ID: 001-182034
Document date: March 8, 2018
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BURTOVOY AND OTHERS v. RUSSIA
Doc ref: 48342/13;43155/14;43279/14;51086/14;58050/14;60428/14;61617/14;71766/14 • ECHR ID: 001-182034
Document date: March 8, 2018
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 48342/13 Dmitriy Vladimirovich BURTOVOY against Russia and 7 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 8 March 2018 as a Committee composed of:
Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications 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 applicants ’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Article 6 § 1 of the Convention concerning the applicant ’ s absence from civil proceedings were communicated to the Russian Government (“the Government”) .
After unsuccessful friendly-settlement negotiations, the Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the applicant ’ s absence from civil proceedings. They offered to pay the applicants the amounts 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 amounts 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 declarations.
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 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 the Protocols thereto and finds no reasons to justify the 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 29 March 2018 .
Liv Tigerstedt Luis López Guerra Acting Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s acceptance
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros) [i]
48342/13
15/04/2013
Dmitriy Vladimirovich Burtovoy
04/05/1974
31/01/2017
31/03/2017
1,500
43155/14
14/07/2014
Vyacheslav Anatolyevich Babkov
31/12/1987
31/01/2017
27/03/2017
1,500
43279/14
05/05/2014
Sergey Aleksandrovich Piskunov
17/01/1981
31/01/2017
10/07/2017
1,500
51086/14
16/09/2014
Anatoliy Aleksandrovich Golubev
12/06/1979
31/01/2017
09/05/2017
1,500
58050/14
12/11/2014
Yevgeniy Vladimirovich Kovalenko
17/10/1975
31/01/2017
07/04/2017
1,500
60428/14
28/07/2014
Ruslan Seylanovich Babayev
11/11/1965
31/01/2017
10/04/2017
1,500
61617/14
12/12/2014
Andrey Anatolyevich Zatynayko
22/07/1975
31/01/2017
19/04/2017
1,500
71766/14
29/09/2014
Konstantin Indusovich Krasnov
11/05/1969
31/01/2017
04/04/2017
1,500
[i] . Plus any tax that may be chargeable to the applicants.
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