DORONIN AND OTHERS v. RUSSIA
Doc ref: 75555/13;6170/14;12233/14;63053/14;67750/14;74844/14;1340/15;17855/15 • ECHR ID: 001-169840
Document date: November 17, 2016
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THIRD SECTION
DECISION
Application no. 75555/13 Vyacheslav Yuryevich DORONIN against Russia and 7 other applications (see appended table)
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, 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”) . In application no. 75555/13 a complaint based on the same facts was also communicated under Article 13 of the Convention.
After unsuccessful friendly-settlement negotiations, 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. In application no. 75555/13, they further acknowledged that the domestic authorities had violated the applicant ’ s right guaranteed by Article 13 of the Convention. 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 8 December 2016 .
Hasan Bakırcı Helena Jäderblom Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant ’ s name
Date of birth
Other complaints under well-established case-law
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]
75555/13
05/11/2013
Vyacheslav Yuryevich DORONIN
21/12/1984
Art. 13 - lack of any effective remedy in domestic law -
04/02/2016
12/09/2016
4,075
6170/14
28/12/2013
Sergey Andreyevich MULIKA
27/12/1984
18/03/2016
11/07/2016
4,870
12233/14
23/12/2013
Tural Elbrus Ogly GANIYEV
30/06/1983
18/03/2016
20/07/2016
11,250
63053/14
07/08/2014
Mikhail Mikhaylovich MENSHIKOV
12/08/1962
18/03/2016
26/07/2016
5,625
67750/14
17/05/2015
Igor Ravilyevich NAUMETOV
07/04/1983
18/03/2016
07/07/2016
7,625
74844/14
07/02/2015
Maksim Igorevich BLYUMAKOV
16/01/1998
18/03/2016
28/07/2016
5,250
1340/15
28/02/2015
Roman Aleksandrovich DICHKO
17/03/1979
18/03/2016
18/07/2016
3,500
17855/15
06/04/2015
Ilya Borisovich BIKIN
16/08/1983
18/03/2016
18/07/2016
7,250
[i] Plus any tax that may be chargeable to the applicants.