Pimenova and Others v. Russia

FIRST SECTION

Application no. 24521/04 and other applications Lyubov Viktorovna PIMENOVA and Others against Russia (see appendix for other applications)

The European Court of Human Rights (First Section), sitting on 22 March 2011 as a Chamber composed of:

Nina Vajić, President, Anatoly Kovler, Elisabeth Steiner, Khanlar Hajiyev, George Nicolaou, Mirjana Lazarova Trajkovska, Julia Laffranque, judges,

and Søren Nielsen, Section Registrar,

Having regard to the above applications,

Having deliberated, decides as follows:

THE FACTS

The applications were lodged by Ms Lyubov Viktorovna Pimenova and twenty-one other Russian nationals, whose names and years of birth are tabulated below. The respective dates of introduction of the applications are also shown in the table. Ms Skakalskaya was represented by Mr Y. Sapozhnikov, a lawyer practising in Osinniki. Mr Abalov was represented by Mr I. Savelyev, a lawyer practising in Moscow. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the Court.

The applicants complained about delayed enforcement of binding civil judgments given in their favour at the domestic level (for details see Appendix).

The applicants’ complaints concerning the non-enforcement were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants or their respective representatives, who were, invited to submit their own observations. No reply was received to the Registry’s letter.

By letters sent by registered post (for date see Appendix), the applicants or their respective representatives were notified that the period allowed for submission of their observations had expired (for date see Appendix) and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no response has been received by the Court to date.

THE LAW

Given that the applications at hand concern similar sets of facts, the Court decides to join them pursuant to Rule 42 § 1 of the Rules of Court.

The Court considers that, in the above circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as def ined in the Convention and its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to strike the case 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.

Søren Nielsen Nina Vajić Registrar President

APPENDIX

App. No.

(lodged on)

APPLICANT

(year of birth)

JUDGMENT OF

(the Court)

OBSERVATIONS DUE BY

WARNING

LETTER OF

24521/04

06/05/2004

Pimenova Lyubov Viktorovna

1950

21 June 2000

Novgorod City Court

29 July 2009

21 September 2009

40901/04

22/10/2004

Kondrashov Nikolay Stepanovich

1954

28 May 2001

Kushchevsky District Court of the Krasnodar Region

18 June 2009

7 September 2009

1818/05

07/12/2004

Abalov Sergey Eduardovich

1959

19 December 2000

Moscow Garrison Military Court

19 August 2009

12 November 2009

12731/05

28/02/2005

Goryayev Viktor Pavlovich

1957

25 June 2002

Garrison No. 238 Military Court

19 August 2009

12 November 2009

24784/05

02/06/2005

Skakalskaya Galina Vasilyevna

1954

22 May 2002

Osinniki Town Court of the Kemerovo Region

28 September 2009

10 February 2010

25516/05

21/06/2005

Borshchev Andrey Nikolayevich

1966

28 December 2004

Sertolovo Garrison Military Court

19 August 2009

12 November 2009

26546/05

06/06/2005

Zagorulko Yuriy Yuryevich

1976

4 February 2004

Pushkin Garrison Military Court

19 August 2009

12 November 2009

39824/05

21/10/2005

Ninichuk Vera Viktorovna

1959

20 October 2004

Leninsk-Kuznetsky Town Court

28 September 2009

10 February 2010

5581/06

22/12/2005

Speranskiy Vladimir Konstantinovich

1934

29 June 2004

Oktyabrsky District Court of Saint-Petersburg

28 September 2009

10 February 2010

21706/06

21/03/2006

Zhuk Sergey Viktorovich

1963

18 October 2005

Pushkin Garrison Military Court

19 August 2009

12 November 2009

27682/06

23/05/2006

Kogut Igor Vladimirovich

1975

22 May 2003

Sverdlovsky District Court of Kostroma

28 September 2009

10 February 2010

29249/06

22/06/2006

Kabakov Sergey Vladimirovich

1962

8 April 2004

Sverdlovsky District Court of Kostroma

14 November 2008

17 December 2008

50979/06

17/11/2006

Sivozdrav Vasiliy Afanasyevich

1954

22 April 2005

Seryshevo District Court of the Amur Region

26 June 2009

12 October 2009

5874/07

06/12/2006

Mukhin Andrey Sergeyevich

1965

9 November 2001

Sverdlovsky District Court of Kostroma

28 September 2009

10 February 2010

12959/07

06/02/2007

Petrakova Olga Aleksandrovna

1965

21 December 2004

Dubrovsky District Court of the Bryansk Region

26 June 2009

12 October 2009

20684/07

30/03/2007

Kozlov Yuriy Anatolyevich

1975

28 December 2004

Sverdlovsky District Court of Kostroma

28 September 2009

10 February 2010

20930/07

01/04/2007

Usmanov Vladimir Shakirovich

1949

15 March 2005

Semikarakorsk District Court, Rostov Region

28 September 2009

10 February 2010

32313/08

15/05/2008

Kiselev Valeriy Ivanovich

1967

5 September 2007

Tambov Garrison Military Court

19 August 2009

12 November 2009

44283/08

01/07/2008

Manzhos Igor Dmitriyevich

1962

1 August 2006

Moscow Garrison Military Court

19 August 2009

12 November 2009

27817/09

26/09/2007

Leonov Vladimir Vladimirovich

1969

19 October 2005

13 December 2007

Kizel Town Court of the Perm Region

24 March 2010

2 August 2010

28044/09

26/09/2007

Klepov Aleksandr Vasilyevich

1962

24 March 2006

14 December 2007

Kizel Town Court of the Perm Region

24 March 2010

2 August 2010

28054/09

26/09/2007

Gabidulin Damir Sharifyanovich

1969

16 February 2006

11 January 2008

Kizel Town Court of the Perm Region

24 March 2010

2 August 2010