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MESTER AND OTHERS v. RUSSIA

Doc ref: 48701/10;21420/11;52954/11;3340/12;36506/12;13942/14;30408/14;55219/14;15755/15;31093/15 • ECHR ID: 001-169734

Document date: November 17, 2016

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MESTER AND OTHERS v. RUSSIA

Doc ref: 48701/10;21420/11;52954/11;3340/12;36506/12;13942/14;30408/14;55219/14;15755/15;31093/15 • ECHR ID: 001-169734

Document date: November 17, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 48701/10 Oksana Vladimirovna MESTER against Russia and 9 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:

Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, judges,

and Hasan Bakırcı, 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 Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention 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 excessive length of pre-trial 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 Court has not received a response from the applicants which accepts the terms of the unilateral declaration.

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 applications”.

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 (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 excessive length of pre-trial detention (see, for example, Dirdizov v. Russia, no. 41461/10, 27 November 2012).

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 8 December 2016 .

Hasan Bakırcı Helena Jäderblom 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

(in euros) [i]

48701/10

04/08/2010

Oksana Vladimirovna MESTER

19/03/1977

01/06/2016

1,200

21420/11

05/03/2011

Mikhail Borisovich SHELESNOV

18/05/1956

Brovchenko Sergey Vasilyevich

Moscow

27/04/2015

24/06/2015

1,500

52954/11

28/07/2011

Sergey Aleksandrovich CHERNYAKOV

09/01/1974

Sarbashev Artem Borisovich

Moscow area, Lobny a

01/06/2016

1,350

3340/12

31/12/2011

Timofey Aleksandrovich MOLCHANOV

10/08/1987

01/06/2016

21/07/2016

1,850

36506/12

24/05/2012

Safarmurod Razhabmamatovich RAZHABMAMATOV

19/03/1972

Ishchenko Anna Aleksandrovna

Moscow

01/06/2016

1,500

13942/14

03/02/2014

Rovshan Tofikovich TAKHMEZOV

15/07/1980

Gabuniya Iosif Togoyevich

St Petersburg

01/06/2016

05/08/2016

1,550

30408/14

29/03/2014

Stepan Andreyevich YERMAKOV

08/10/1985

01/06/2016

2,200

55219/14

01/09/2014

Pavel Vladimirovich POLIVTSEV

17/02/1985

01/06/2016

26/07/2016

2,450

15755/15

23/02/2015

Konstantin Pavlovich YEVSTRATOV

13/04/1968

01/06/2016

19/07/2016

1,750

31093/15

09/06/2015

Yuriy Aleksandrovich MAZUTSKIY

09/11/1988

01/06/2016

08/07/2016

2,100

[i] Plus any tax that may be chargeable to the applicants.

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