Dolinin and Others v. Russia

THIRD SECTION

Application no. 39560/08 Sergey Sergeyevich DOLININ against Russia and 8 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 6 June 2019 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Gilberto Felici, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Articles 3 and 13 of the Convention, about ill-treatment in State custody and absence of an effective investigation into the matter, and, as concerns the applicant in application no. 82332/17, under Article 34 of the Convention, about the alleged interference with the correspondence with the Court, were communicated to the Russian Government (“the Government”).

The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 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 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 27 June 2019.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Articles 3 and 13 of the Convention (ill-treatment in State custody and absence of an effective investigation into the matter) and, in application no. 82332/17, under Article 34 of the Convention (alleged interference with the applicant’s correspondence with the Court)

No.

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [i]

39560/08

21/06/2008

Sergey Sergeyevich Dolinin

13/12/1979

27/03/2019

01/03/2019

20,000

58144/08

26/09/2008

Sergey Valeryevich Yezhkov

30/10/1971

02/11/2018

06/12/2018

15,000

21382/09

02/03/2009

Yevgeniy Georgiyevich Kartavtsev

09/05/1978

Sadchikova Oksana Valeryevna

Stavropol

26/03/2019

11/03/2019

20,000

40010/10

21/06/2010

Sergey Yuryevich Pasynkov

22/05/1968

14/09/2018

02/01/2019

20,000

46219/12

04/07/2012

Natalya Viktorovna Maksimova

03/12/1982

Polonskiy Aleksandr Viktorovich

Volgograd

27/03/2019

07/03/2019

20,000

19326/13

02/02/2013

Zayndi Umarovich Sugaipov

12/07/1977

Timishev Ilyas Yakubovich

Nalchik

12/12/2018

23/01/2019

20,000

14389/15

05/03/2015

Isa Ismailovich Ismailov

26/07/1978

Sadchikova Oksana Valeryevna

Stavropol

05/02/2019

11/03/2019

10,000

82332/17

06/11/2017

Marat Farukovich Mazitov

30/12/1972

Maralyan Anna

27/03/2019

15/03/2019

5,000

24996/18

24/05/2018

Taygib Zalbegovich Zalbegov

04/10/1982

Koroteyev Kirill Nikolayevich

Moscow

06/02/2019

21/03/2019

10,000

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