8337/18, VASILYEV AND DEREBERYA v. ROSJA - Decyzja Europejskiego Trybunału Praw Człowieka

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Opublikowano: www.echr.coe.int

Decyzja Europejskiego Trybunału Praw Człowieka z dnia 20 czerwca 2019 r. 8337/18

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0620DEC000833718

THIRD SECTION

DECISION

Applications nos. 8337/18 and 29526/18

Aleksandr Yuryevich VASILYEV against Russia

and Vladimir Borisovich DEREBERYA against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 20 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:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

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

The applicants' complaints under Article 3 of the Convention, concerning their ill-treatment during arrest, 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 11 July 2019.

Liv Tigerstedt

Alena Poláčková

Acting Deputy Registrar

President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(ill-treatment during the arrest)

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

1.

8337/18

12/01/2018

Aleksandr Yuryevich Vasilyev

01/01/1977

Brester Aleksandr Aleksandrovich

Krasnoyarsk

21/01/2019

12/04/2019

15,000

2.

29526/18

06/06/2018

Vladimir Borisovich Dereberya

09/11/1973

Kiryanov Aleksandr Vladimirovich

Taganrog

21/01/2019

07/04/2019

15,000

1

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