Mikhanoshin and Others v. Russia

THIRD SECTION

Application no. 35753/14 Aleksandr Sergeyevich MIKHANOSHIN against Russia and 7 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 24 January 2017 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 the various dates indicated in the appended table,

Having regard to the declarations submitted by the respondent Government on 13 September 2016 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to those 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 at the European Court of Human Rights.

The applicants complained under Article 6 of the Convention about their absence from civil proceedings.

The applications were communicated to the Government.

On 13 September 2016 the Government informed the Court that they proposed to make declarations with a view to resolving the issues raised by the applications.

They acknowledged a violation of the applicants’ rights guaranteed by Article 6 of the Convention and undertook to pay each applicant the amount of 1,500 euros (EUR) to cover any pecuniary and non-pecuniary damage, as well as costs and expenses, which will be converted into the currency of the respondent state at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The payment would 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 that 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. The Government requested the Court to strike out the applications.

The applicants agreed to the terms of the Government’s declarations.

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 declarations 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 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 them out of its list of cases pursuant to Article 39 of the Convention.

Done in English and notified in writing on 16 February 2017.

Fatoş Aracı Helena Jäderblom Deputy Registrar President

APPENDIX

No

Application no.

Lodged on

Applicant

Date of birth

Represented by

35753/14

09/07/2014

Aleksandr Sergeyevich MIKHANOSHIN

14/01/1984

Valentina

Aleksandrovna

BOKAREVA

40781/14

31/07/2014

Aleksandr Viktorovich VORONIN

27/06/1979

Oksana

Vladimirovna

PREOBRAZHENSKAYA

55804/14

11/03/2015

Igor Viktorovich VLASOV

05/03/1972

61607/14

14/08/2014

Vitaliy Vladimirovich OCHIROV

16/08/1964

69762/14

12/01/2015

Andrey Eduardovich KRESS

08/09/1971

1711/15

23/12/2014

Sergey Yevgenyevich KULACHINSKIY

26/12/1985

7230/15

22/01/2015

Aleksandr Anatolyevich GORBULIN

07/08/1982

14144/15

29/10/2013

Sergo Dzhanguliyevich KVERNADZE

09/06/1968