2833/18, IVANOV AND CHUMAKOV v. ROSJA - Decyzja Europejskiego Trybunału Praw Człowieka

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Opublikowano: www.echr.coe.int

Decyzja Europejskiego Trybunału Praw Człowieka z dnia 16 maja 2019 r. 2833/18

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0516DEC000283318

THIRD SECTION

DECISION

Applications nos. 2833/18 and 2842/18

Aleksandr Yuryevich IVANOV

and Konstantin Aleksandrovich CHUMAKOV against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 16 May 2019 as a Committee composed of:

Alena Poláčková, President,

Dmitry Dedov,

Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on 26 December 2017,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicants' details are set out in the appended table.

The applicants were represented by Mr A.V. Glukhov, a lawyer practising in Novocheboksarsk.

The applicants' complaints under Article 3 of the Convention concerning the insufficient non-pecuniary compensation awarded by the domestic courts to the applicants for their ill–treatment by the Novocheboksarsk police in September 2016 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 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.

Uzasadnienie prawne

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.

Sentencja

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 6 June 2019.

Liv Tigerstedt

Alena Poláčková

Acting Deputy Registrar

President

APPENDIX

No.

Application no.

Date of introduction

Applicant's name

Date of birth

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

1.

2833/18

26/12/2017

Aleksandr Yuryevich Ivanov

21/02/1994

19/12/2018

30/10/2018

5,000

2.

2842/18

26/12/2017

Konstantin Aleksandrovich Chumakov

08/06/1996

19/12/2018

30/10/2018

5,000

1

. Plus any tax that may be chargeable to the applicants.