FOR THESE REASONS, THE COURT, UNANIMOUSLY
1. Decides to join the applications;
2. Rejects the Government's request to strike some applications out of its list of cases under Article 37 of the Convention on the basis of the unilateral declarations which they submitted;
3. Declares the complaints concerning the applicants' absence from civil proceedings and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of the applications nos. 17071/05, 15622/09, 18297/11 and 17115/15 inadmissible;
4. Holds that these complaints disclose a breach of Article 6 § 1 of the Convention concerning the applicants' absence from civil proceedings;
5. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);
6. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 12 April 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Alena
President
Liv TIGERSTEDT
Acting Deputy Registrar
LIST OF APPLICATIONS RAISING COMPLAINTS UNDER
ARTICLE 6 § 1 OF THE CONVENTION (APPLICANT'S ABSENCE
FROM CIVIL PROCEEDINGS)
No. | Application no. Date of introduction | Applicant name Date of birth | Representative name and location | Nature of the dispute Final decision (as concerns the new Russian Code on Civil Procedure) | First-instance hearing date Court | Appeal hearing date Court | Other complaints under well-established case-law | Amount awarded for non-pecuniary damage and costs and expenses per applicant (in euros) <1> |
1. | 17071/05 22/03/2005 | Sergey Aleksandrovich Bozhkov 28/07/1968 | Misakyan Tumas Arsenovich Moscow | Compensation for damage claim against detention authorities for a contamination with tuberculosis | 02/11/2004 Vorkuta Town Court | 07/02/2005 Supreme Court of the Republic of Komi | 1,500 | |
2. | 5951/08 09/01/2008 | Aleksandr Aleksandrovich Abramov 07/07/1956 | Claim for non-pecuniary damage following a substantial delay in crediting his account by the correctional colony, with the amount paid following a prior court judgment in his favour. | 02/10/2009 Artemovsk Town Court of the Primorye Region | 27/01/2010 Primorye Regional Court | 1,500 | ||
3. | 15622/09 20/02/2009 | Yevgeniy Ivanovich Zhabutinskiy 17/07/1982 | compensation for unlawful detention | 10/02/2010 Kirovskiy District Court of Irkutsk | 16/07/2010 Irkutsk Regional Court | Art. 5 (4) - excessive length of judicial review of detention - Appeal against 03/09/2008, 23/12/2008 and 19/03/2009 extension orders examined on 20/11/2008, 26/02/2009 and 27/05/2009, respectively | 1,950 | |
4. | 18297/11 11/02/2011 | Vladimir Mikhaylovich Stepanenko 13/09/1967 | Compensation for inadequate detention conditions | 13/09/2012 Zheleznodorozhnyy District Court of Krasnoyarsk | 28/01/2013 Krasnoyarsk Regional Court | 1,500 | ||
5. | 17115/15 17/12/2015 | Andrey Vitalyevich Mokin 07/11/1974 | Challenging the actions of the colony administration concerning sending the correspondence | 22/01/2015 Zavyalovskiy District Court of the Udmurtia Republic | 10/08/2015 Supreme Court of the Udmurtiya Republic | 1,500 | ||
6. | 62983/16 23/09/2016 | Ruslan Sergeyevich Pylayev 15/09/1976 | Complaint about bailiffs' actions and his eviction in his absence Primorye Regional Court, 08/09/2016 | 28/04/2016 Frunzenskiy District Court of Vladivostok | 28/07/2016 Primorye Regional Court | 1,500 |
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<1> Plus any tax that may be chargeable to the applicants.