Yemelyanov and Others v. Russia

THIRD SECTION

Application no. 5937/05 Vasiliy Vyacheslavovich YEMELYANOV against Russia and 7 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 30 August 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 various dates,

Having regard to the declarations submitted by the respondent Government on various dates requesting the Court to strike the applications out of the list of cases and the applicants’ reply to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

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

The applicants complained that their pre-trial detention had been unreasonably long and that it had not been based on relevant or sufficient reasons.

The applicants’ complaints were communicated to the Russian Government.

By letters submitted on various dates the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issue raised by the applicants. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.

In these declarations, the Government acknowledged that all the applicants had been detained without “relevant and sufficient” grounds on the basis of decisions rendered by Russian courts which had not complied with the requirements of Article 5 § 3 of the Convention and stated their readiness to pay the following amounts to the applicants as just satisfaction:

(a) 1,200 euros (EUR) to Mr Yemelyanov for his pre-trial detention “between 26 March and 24 November 2004 and between 15 June and 5 October 2005” (11 months and 20 days);

(b) EUR 4,200 to Mr Kachurin for his pre-trial detention “between 2 April 2004 and 27 September 2007” (3 years, 5 months, and 26 days);

(c) EUR 1,450 to Mr Pavlenko for his pre-trial detention “between 24 November 2007 and 28 January 2009” (1 year, 2 months, and 5 days);

(d) EUR 1,450 to Ms Petrova for her pre-trial detention “between 24 November 2007 and 28 January 2009” (1 year, 2 months, and 5 days);

(e) EUR 2,250 to Mr Kalinin for his pre-trial detention “between 13 April 2007 and 11 February 2009” (1 year, 10 months and 1 day);

(f) EUR 950 to Ms Zakirova for her pre-trial detention “between 15 April 2009 and 26 January 2010” (9 months and 12 days);

(g) EUR 1,800 to Mr Burkov for his pre-trial detention “between 24 January 2013 and 9 July 2014” (1 year, 5 months, 14 days);

(h) EUR 1,350 to Mr Yashchenkov for his pre-trial detention “between 26 June 2012 and 1 August 2013” (1 year, 1 month, and 6 days).

The remainder of their declarations provided as follows:

“The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake 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.

This payment will constitute the final resolution of the case.”

In their letters of different dates, 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 considers that the applicants’ agreement to the terms of the declarations made by the Government 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 note of the said 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 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 22 September 2016.

Fatoş Aracı Branko Lubarda Deputy Registrar President

APPENDIX

No.

Application No.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

5937/05

19/01/2005

Vasiliy Vyacheslavovich YEMELYANOV

16/03/1978

Lyubertsy

31936/07

28/05/2007

Oleg Nikolayevich KACHURIN

02/08/1974

Tula

30940/09

14/05/2009

Aleksey Andreyevich PAVLENKO

25/09/1983

Moscow

Anatoliy Vladimirovich IVLEV

33647/09

20/05/2009

Mariya Viktorovna PETROVA

19/11/1965

Moscow

Anatoliy Vladimirovich IVLEV

46805/09

15/07/2009

Andrey Vasilyevich KALININ

27/09/1974

Rubtsovsk

8441/10

21/01/2010

Angelina Takhirovna ZAKIROVA

18/07/1981

Bogoroditsk

Aleksandr Anatolyevich MAKLIN

50094/13

12/07/2013

Igor Olegovich BURKOV

07/09/1977

Kirov

73343/13

12/11/2013

Pavel Vasilyevyich YASHCHENKOV

20/07/1964

St Petersbourg

Aleksandr Valeryevich MELESHKO