Okushko and Others v. Cyprus

THIRD SECTION

Application no. 59222/18 Tatyana Borisovna OKUSHKO and Others against Cyprus

(see appended table)

The European Court of Human Rights (Third Section), sitting on 17 December 2020 as a Committee composed of:

Dmitry Dedov, President, Darian Pavli, Peeter Roosma, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 6 December 2018,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants were represented by Ms O. Preobrazhenskaya, a lawyer practising in Strasbourg.

The applicants’ complaints under Articles 2 and 3 of the Convention concerning the Cypriot authorities’ failure to carry out an effective investigation into Rostislav Okushko’s death and their failure to keep them informed of the investigation were communicated to the Cypriot Government (“the Government”).

The Court received the terms of the friendly settlement agreed between the parties, under which the applicants agreed to waive any further claims against Cyprus in respect of the facts giving rise to this application, subject to the following undertakings by the Government.

The Government undertook to instruct the police to investigate anew the circumstances of the death of Rostislav Okushko. Such investigation will not be conducted by the Limassol Police Station which conducted the first investigation. In this connection the Government undertook to keep the applicants and/or their representatives informed of all major developments in the investigation.

The Government further undertook to pay the applicants 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 carrying out of a new police investigation together with the payment will constitute the final resolution of the case.

THE LAW

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 application.

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

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 21 January 2021.

Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 2 and 3 of the Convention

(Ineffective investigation of death)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of the Government’s proposal for friendly settlement

Date of receipt of the applicants’ agreement

Amount awarded for pecuniary and non-pecuniary damage

per household

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

59222/18

06/12/2018

(5 applicants)

Household

Tatyana Borisovna OKUSHKO

1968

Olesya Rostislavovna OKUSHKO

1986

Valeriy Vladimirovich OKUSHKO

1937

Yelena Filippovna OKUSHKO

1939

Alina Rostislavovna VORONEZHSKAYA

1992

Preobrazhenskaya Oksana Vladimirovna

26/08/2020

05/11/2020

35,000

4,460

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

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