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SHAKHOV AND OTHERS v. RUSSIA

Doc ref: 7302/06;36226/09;74253/12;69458/13 • ECHR ID: 001-165208

Document date: June 21, 2016

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SHAKHOV AND OTHERS v. RUSSIA

Doc ref: 7302/06;36226/09;74253/12;69458/13 • ECHR ID: 001-165208

Document date: June 21, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 7302/06 Denis Vladimirovich SHAKHOV against Russia and 3 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 21 June 2016 as a Committee composed of:

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above applications lodged on dates indicated in the Appendix,

Having regard to the declaration s submitted by the respondent Government requesting the Court to strike the applications out of the list of cases and the applicants ’ reply to th ose declaration s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. The second and the third applicants were represented before the Court by Ms O. Gegiya and Mr V. Shukhardin , lawyers practising in the Krasnoyarsk and Moscow Regions, respectively.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.

The applicants complained about their allegedly unlawful detention .

The applications were communicated to the Government.

B y letter s dated 30 March 2015 and 18 January 2016 the Government informed the Court that they proposed to make declaration s with a view to resolving the issues raised by the application s .

They acknowledged a violation of the applicant s ’ rights guaranteed by Article 5 § 1 of the Convention. They undertook to pay the applicants the amounts indicated in the Appendix to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses, which will be converted into Russian roubles at the rate applicable on the date of payment, and will be free of any taxes that may be applicable . The payment will be effected within three months from the date of notification of the decision taken by the Court. In the event of failure to pay within th at period, the Government undertook to pay simple interest on it, 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. They further requested the Court to strike out the applications.

On 29 February, 15, 16 March and 25 April 2016 the Court received letter s from the applicant s informing the Court that they had agreed to the terms of the Government ’ s declaration s .

THE LAW

The Court considers that the applications should be joined and considered in a single decision.

The Court finds that following the applicants ’ express agreement to the terms of the declaration made by the Government the case s 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 its Protocols and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the case s 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 12 July 2016 .

FatoÅŸ Aracı Helena Jäderblom              Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant

Date of birth

The amount offered by the Government, euros

7302/06

19/12/2005

Denis

Vladimirovich SHAKHOV

13/08/1981

5,000

36226/09

05/06/2009

Aleksandr Viktorovich

SKAKUN

26/08/1972

1,000

74253/12

15/10/2012

Sergey

Yevgenyevich MOKHNATKIN

06/03/1954

1,300

69458/13

15/10/2013

Dmitriy

Pavlovich

GUSEV

17/04/1972

3,000

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