Shilnikov and Others v. Russia

THIRD SECTION

Application no. 381/11 Ivan Valeryevich SHILNIKOV against Russia and 2 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 3 September 2020 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 and their representatives is set out in the appended table.

The applicants’ complaints under Article 3 of the Convention concerning the ill-treatment in State custody were communicated to the Russian Government (“the Government”).

The Court received the 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 24 September 2020.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(ill-treatment in State custody)

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) [1]

381/11

15/11/2010

Ivan Valeryevich SHILNIKOV

22/06/1983

Shcherbinin Aleskandr Vladimirovich

Chelyabinsk

22/05/2019

13/08/2019

15,000

51919/14

28/06/2014

Semen Nikolayevich KHORUNZHIY

03/01/1987

Tarasyuk Sergey Nikolayevich

Kaliningrad

05/02/2019

31/08/2019

10,000

22821/18

25/04/2018

Gennadiy Vasilyevich YUDIN

02/02/1971

Sivoldayev Ilya Vladimirovich

Voronezh

06/02/2019

14/08/2019

7,000

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