BORISENKO AND OTHERS v. RUSSIA
Doc ref: 2230/06;14909/09;45117/09;32055/10;10417/12;10604/12;10607/12;14819/12;42566/12 • ECHR ID: 001-180076
Document date: December 7, 2017
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THIRD SECTION
DECISION
Application no. 2230/06 Vladimir Mikhaylovich BORISENKO against Russia and 8 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 7 December 2017 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,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”) .
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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law. 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 were sent the terms of the Government ’ s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see the principles emerging from the Court ’ s case-law, and in particular the Tahsin Acar v. Turkey judgment (preliminary objections) ([GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI)).
The Court has established clear and extensive case-law concerning complaints relating to the non-enforcement or delayed enforcement of domestic decisions (see, for example, Gerasimov and Others v. Russia, nos. 29920/05 and 10 others, 1 July 2014).
Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia ( dec. ), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government ’ s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 11 January 2018 .
Liv Tigerstedt Luis López Guerra Acting Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s comments, if any
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per
applicant / household
(in euros) [i]
2230/06
12/12/2005
Vladimir Mikhaylovich Borisenko
22/03/1964
09/12/2015
12/02/2016
1,680
14909/09
12/02/2009
Household
Vladimir Gennadyevich Novitskiy
20/12/1967
Natalya Vasilyevna Novitskaya
04/12/1970
07/07/2016
3,740
45117/09
23/07/2009
Household
Aleksey Viktorovich Demenkov
17/10/1957
Viktor Alekseyevich Demenkov
29/08/1982
07/07/2016
5,800
32055/10
27/04/2010
Daut Oseledchenko
20/08/1986
Golitsyna Inna Borisovna
Nalchik
13/07/2016
2,960
10417/12
19/01/2012
Alla Alekseyevna Kazmina
03/10/1965
01/06/2016
6,500
10604/12
25/01/2012
Igor Yuryevich Skalov
01/07/2016
3,530
10607/12
25/01/2012
Andrey Borisovich Muravyev
01/07/2016
3,530
14819/12
09/02/2012
Vasiliy Mikhaylovich Lyapko
07/02/1961
01/07/2016
1,730
42566/12
28/05/2012
Household
Nadezhda Vitalyevna Makurina
01/02/1955
Gennadiy Gennadyevich Makurin
23/03/1978
Yelena Gennadyevna Makurina
19/06/1981
24/07/2015
24/09/2015
2,010
[i] . Plus any tax that may be chargeable to the applicants.