LEXI - AI Legal Assistant
Sorry, there was an error communicating with our API.
Try refreshing the page, and if the error persists, please try again in a few minutes.
KIBA AND OTHERS v. RUSSIA
Doc ref: 72005/13;72527/13;72537/13;1823/14;48706/14;57676/14;67228/14;77515/14 • ECHR ID: 001-171596
Document date: January 26, 2017
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 1
KIBA AND OTHERS v. RUSSIA
Doc ref: 72005/13;72527/13;72537/13;1823/14;48706/14;57676/14;67228/14;77515/14 • ECHR ID: 001-171596
Document date: January 26, 2017
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 72005/13 Oleg Vladimirovich KIBA against Russia and 7 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 26 January 2017 as a Committee composed of:
Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, judges,
and Karen Reid, 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 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”) .
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 inadequate conditions of detention. 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 16 February 2017 .
Karen Reid Helena Jäderblom 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 pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros) [i]
72005/13
23/09/2013
Oleg Vladimirovich Kiba
09/03/1985
02/11/2015
27/06/2016
7,625
72527/13
11/10/2013
Andrey Viktorovich Khoruzhiy
09/05/1970
02/11/2015
29/06/2016
9,500
72537/13
23/10/2013
Sergey Valeryevich Gromov
29/04/1972
02/11/2015
27/05/2016
3,960
1823/14
26/12/2013
Sergey Viktorovich Vashchenko
25/04/1980
02/11/2015
25/05/2016
5,000
48706/14
17/06/2014
Igor Yevgenyevich Pukhachev
07/06/1980
02/11/2015
24/05/2016
4,000
57676/14
09/10/2014
Nikolay Aleksandrovich Zimin
13/05/1981
02/11/2015
10/06/2016
3,700
67228/14
07/10/2014
Vitaliy Viktorovich Kolesnikov
01/05/1969
02/11/2015
07/06/2016
7,625
77515/14
02/12/2014
Rail Rashitovich Shakirov
10/02/1987
12/07/2016
09/09/2016
4,480
[i] Plus any tax that may be chargeable to the applicants.
© European Union,
https://eur-lex.europa.eu, 1998 - 2026
