Chaburov and Others v. Russia

THIRD SECTION

Application no. 67434/12 Viktor Andreyevich CHABUROV against Russia and 5 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 26 September 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants’ complaints under Article 5 § 4 of the Convention concerning the lack of speediness of review of detention were communicated to the Russian Government (“the Government”).

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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention

The Government acknowledged that the lawfulness of the applicants’ detention had not been reviewed “speedily”. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the lack of speedy review of the lawfulness of detention (see, for example, Idalov v. Russia [GC], no. 5826/03, §§ 154 ‑ 164, 22 May 2012).

Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

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;

Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 17 October 2019.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 4 of the Convention (deficiencies in proceedings for review of the lawfulness of detention)

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 comments, if any

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant

(in euros) [i]

67434/12

13/09/2012

Viktor Andreyevich Chaburov

12/04/1993

Miroshin Dmitriy Borisovich

Nogliki

09/07/2018

25/09/2018

500

61717/17

02/08/2017

Vladimir Gaffanovich Shamsedtinov

12/06/1978

07/06/2018

21/09/2018

500

80482/17

10/11/2017

Alik Vazhayevich Sharabidze

14/09/1966

07/06/2018

25/07/2018

500

23219/18

30/04/2018

Mikhail Nikolayevich Belyayev

15/10/1968

Okushko Tatyana Borisovna

Moscow

07/11/2018

11/12/2018

500

25496/18

23/05/2018

Dmitriy Vasilyevich Prishchenko

06/12/1988

Panfilov Dmitriy Vladimirovich

Moscow

07/11/2018

–

500

28294/18

15/05/2018

Andrey Aleksandrovich

Belov

13/08/1986

07/11/2018

02/01/2019

500

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