Lexploria

THIRD SECTION

DECISION

Application no . 4465/09 Vadim Vasilyevich TEREKHOV against Russia and 15 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.

In the wake of the pilot judgment, on various dates in late 2014 and in 2016 the applications were communicated to the Government (see Gerasimov and Others, cited above, §§ 230 ‑ 31, and point 13 of the operative part).

On 11 August 2016 Ms Grabilova , the daughter of the applicants in case no. 38248/09, informed the Court that both applicants had died. She expressed the wish to pursue the application in her capacity of the applicants ’ heir.

On 4 October 2016 Mr Pronin , the son of the applicant in case no. 20903/14, informed the Court that the applicant had died. He expressed the wish to pursue the application in his capacity of the applicant ’ s heir.

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 and the applicants ’ heirs in cases nos. 38248/09 and 20903/14 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. 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 and the applicants ’ heirs in cases nos. 38248/09 and 20903/14 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 applications nos. 38248/09 and 20903/14

Ms Sakuta and Mr Sakuta , the applicants in case no. 38248/09, died o n 12 December 2010 and 24 August 2012 respectively. On 11 August 2016 Ms Grabilova , their daughter, expressed her willing to pursue the application.

On 20 February 2016 Ms Tsakunova , the applicant in case no. 20903/14, passed away. On 4 October 2016 Mr Pronin , her son, expressed the wish to pursue the proceedings.

The Court takes note of the death of the applicants in the above mentioned cases and of the wish of their legal heirs 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 Court received statements from Ms Grabilova and Mr Pronin that they had accepted the succession after their deceased parents. The Government did not contend that Ms Grabilova and Mr Pronin had no standing to pursue the cases. Therefore, the Court considers that the applicants ’ heirs in the above mentioned cases have a legitimate interest in pursuing the applications.

C. Complaints about the delayed enforcement

The Court attaches particular weight to the applicants ’ and the heirs ’ in cases nos. 38248/09 and 20903/14 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.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides that in respect of applications nos. 38248/09 and 20903/14 , Ms Svetlana Viktorovna Grabilova and Mr Vitaliy Nikolayevich Pronin have locus standi in the proceedings;

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 ’ and the heirs ’ in cases nos. 38248/09 and 20903/14 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.

Done in English and notified in writing on 18 May 2017 .

FatoÅŸ Aracı Branko Lubarda Deputy Registrar President

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

4465/09

16/11/2009

Vadim Vasilyevich TEREKHOV

26/10/1963

Moscow

13/02/2008

27/02/2008

09/06/2009

1 year 3 months and 13 days

30/09/2016

800

29/11/2016

38248/09

19/06/2009

Viktor Vladimirovich SAKUTA

06/02/1953

Serpukhov

(Deceased on 24/08/2012)

Galina Alekseyevna SAKUTA

29/07/1952

Serpukhov

(Deceased on 19/12/2010)

Applicants ’ heir

Svetlana Viktorovna GRABILOVA

Igor Vladislavovich OGORODNIKOV

07/09/2007

18/09/2007

30/12/2009

2 years 3 months and 12 days

24/11/2016

2,240

17/01/2017

37056/10

12/05/2010

Sergey Vladimirovich BELOGUBOV

04/12/1961

Rostov- na - Donu

17/07/2008

04/08/2008

20/06/2012

3 years 10 months and 17 days

18/04/2016 (as rectified on

05/12/2016)

3,804

07/06/2016

65271/10

29/09/2010

Nikolay Mitrofanovich NOVICHIKHIN

06/08/1958

Moscow

30/11/2006

19/12/2006

29/11/2012

5 years 11 months and 10 days

16/12/2015

5,830

20/01/2016

69597/10

09/11/2010

Vladimir Vasilyevich ZHIGULIN

22/03/1961

Moscow

28/02/2006

16/03/2006

23/08/2013

7 years 5 months and 7 days

16/12/2015

6,500

21/01/2016

1693/11

02/12/2010

Sergey Vladimirovich BELYAYEV

21/11/1959

Moscow

30/05/2002

13/08/2002

23/11/2012

10 years 3 months and 10 days

16/12/2015

6,500

25/01/2016

7540/11

25/01/2011

Mikhail Veniaminovich SAPUNOV

14/11/1957

Khimki

14/11/2006

02/12/2006

26/07/2010

3 years 7 months and 24 days

16/12/2015

3,570

17/03/2016

12501/11

29/01/2011

Konstantin Olegovich PREOBRAZHENSKIY

14/12/1965

Moscow

26/02/2007

13/03/2007

26/11/2012

5 years 8 months and 13 days

16/12/2015

5,600

27/01/2016

12504/11

27/01/2011

Robert Farsiyevich VALIYEV

15/03/1956

Moscow

05/08/2004

24/08/2004

20/11/2012

8 years 2 months and 27 days

16/12/2015

6,500

26/01/2016

12507/11

29/01/2011

Mikhail Leonidovich SHMELEV

20/02/1963

Bronnitsy

12/08/2004

23/08/2004

21/03/2012

7 years 7 months and 27 days

16/12/2015

6,500

27/01/2016

18640/11

09/03/2011

Aleksandr Sergeyevich ZORIN

26/11/1980

Moscow

06/08/2009

25/08/2009

03/07/2013

3 years 10 months and 9 days

16/12/2015

3,780

25/01/2016

28029/11

09/04/2011

Dzhimsher Georgiyevich NATENADZE

01/09/1959

Gorodishche

26/03/2008

11/04/2008

27/08/2012

4 years 5 months

30/09/2016

4,290

21/11/2016

31065/11

05/05/2011

Vladimir Vladimirovich BUKHONTSOV

17/04/1960

Moscow

14/09/2009

01/10/2009

13/03/2013

3 years 5 months and 12 days

16/12/2015

3,380

28/01/2016

31398/11

28/04/2011

Vladimir Dmitriyevich VLASOV

18/04/1953

Moscow

14/04/2009

25/04/2009

24/04/2013

3 years 11 months and 30 days

16/12/2015

3,920

20/01/2016

34994/11

08/04/2011

Yuriy Borisovich MOKLYAK

12/03/1961

Moscow

Leonid Anatolyevich CHERNYSHOV

23/12/2009

11/01/2010

15/05/2013

3 years 4 months and 4 days

16/12/2015

3,270

09/02/2016

20903/14

26/03/2014

Valentina Petrovna TSAKUNOVA

17/01/1950

Khabarovsk

(Deceased on 20/02/2016)

Applicant ’ s heir

Vitaliy Nikolayevich PRONIN

13/09/2007

28/11/2007

29/10/2015

7 years 11 months 1 day

20/12/2016

6,000

21/02/2017

Menu

TEREKHOV AND OTHERS v. RUSSIA

TEREKHOV AND OTHERS v. RUSSIA

LEXI