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CHUMACHENKO AND OTHERS v. RUSSIA
Doc ref: 6586/07;32506/07;59603/08;48750/10;54468/10 • ECHR ID: 001-169921
Document date: November 22, 2016
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- Outbound citations: 3
CHUMACHENKO AND OTHERS v. RUSSIA
Doc ref: 6586/07;32506/07;59603/08;48750/10;54468/10 • ECHR ID: 001-169921
Document date: November 22, 2016
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 6586/07 Sergey Petrovich CHUMACHENKO against Russia and 4 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 22 November 2016 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 five Russian nationals whose names and dates of birth are set out in the appendix.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
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 December 2014 the applications were communicated to the Government (see Gerasimov and Others, cited above, §§ 230-31, and point 13 of the operative part).
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 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 informed the Court that they agreed to the terms of the Government ’ s declarations.
THE LAW
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.
The Court attaches particular weight to the applicants ’ 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 , 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 ’ 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 15 December 2016 .
FatoÅŸ Aracı Branko Lubarda Deputy Registrar President
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Representative
Subject-matter
Date of judgment
Final on
Enforcement date
Enforcement delay
Date of unilateral declaration
Remedial offer (euros)
Date of applicant ’ s letter in reply
6586/07
18/12/2006
Sergey Petrovich CHUMACHENKO
29/08/1958
Rostov-na-Donu
Housing
25/05/2006
12/07/2006
11/08/2009
3 years 30 days
08/12/2015
3,025
09/01/2016
32506/07
06/06/2007
Nadezhda Vladimirovna GORDEYEVA
14/12/1961
Kronshtadt,
the Leningrad Region
Rustem Abdullovich ZARBEYEV
Housing
29/11/2016
15/12/2016
01/02/2012
5 years 1 month 17 days
09/12/2015
5,030
22/01/2016
59603/08
06/11/2008
Mukhomed Maksharipovich OZDOYEV
16/02/1961
Ordzhonikidzevskaya,
the Republic of Ingushetia
Housing
25/06/2007
30/08/2007
07/12/2011
4 years 3 months 7 days
16/12/2015
4,190
20/01/2016
48750/10
20/08/2010
Yuriy Vladislavovich BELYAYEV
27/07/1965
Samara
An entry in the cadastral record
10/09/2009
20/09/2009
07/12/2011
2 years 2 months 17 days
18/01/2016
1,080
03/03/2016
54468/10
15/09/2010
Igor Zakharovich YEVTUSHENKO
27/04/1957
Moscow
Housing
31/07/2009
18/08/2009
03/10/2012
3 years 1 month 15 days
16/12/2015
3,060
20/01/2016
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