The European Court of Human Rights (First Section), sitting on 11 October 2011 as a Chamber composed of: Nina Vajić, President, Anatoly Kovler, Peer Lorenzen, Elisabeth Steiner, Khanlar Hajiyev, Mirjana Lazarova Trajkovska, Julia Laffranque, judges, and Søren Nielsen, Section Registrar, Having regard to the above applications, Having regard to the decision to grant priority to the above applications under Rule 41 of the Rules of Court, Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases and the applicants’ replies to that declarations, Having deliberated, decides as follows: THE FACTS The applicants are six Russian nationals whose names and dates of birth are tabulated below. Mr Dzeytov, the first applicant, was represented before 2 DZEYTOV v. RUSSIA AND OTHER APPLICATIONS DECISION the...
FIRST SECTION DECISION Application no. 7354/09 Belan Khamitovich DZEYTOV against Russia and 5 other applications (see list appended) The European Court of Human Rights (First Section), sitting on 11 October 2011 as a Chamber composed of: Nina Vajić, President, Anatoly Kovler, Peer Lorenzen, Elisabeth Steiner, Khanlar Hajiyev, Mirjana Lazarova Trajkovska, Julia Laffranque, judges, and Søren Nielsen, Section Registrar, Having regard to the above applications, Having regard to the decision to grant priority to the above applications under Rule 41 of the Rules of Court, Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases and the applicants’ replies to that declarations, Having deliberated, decides as follows: THE FACTS The applicants are six Russian nationals whose names and dates of birth are tabulated below. Mr Dzeytov, the first applicant, was represented before
2 DZEYTOV v. RUSSIA AND OTHER APPLICATIONS DECISION the Court by Mr I. Gandarov, a lawyer practicing in Ingushetiya. Ms Bedoidze, the sixth applicant, was represented by Ms T. Baskayeva, a lawyer practicing in Vladikavkaz. The other applicants acted pro se before the Court. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights. The facts of the case, as submitted by the parties, may be summarised as follows. In 2001-2007 the applicants sued the State authorities in domestic courts for payment of various monetary sums due under domestic law. The courts held for the applicants and ordered the authorities to pay various amounts. These judgments became binding and the authorities executed them in 2004-2008, that is with a certain delay in the case of each applicant. In 2008-2009 the applicants lodged proceedings with the domestic courts asking for indexation of the judicial awards due to a delayed execution of the judgments mentioned above. The domestic courts rejected their claims. COMPLAINTS The applicants mainly complained under Article 1 of Protocol No. 1 about allegedly unlawful refusal by domestic courts to index-link the judicial awards due to a delayed execution of the judgments delivered in their favour. THE LAW The applicants maintained that the refusal by domestic court to index- link the judicial awards violated their right to the peaceful enjoinment of their possessions guaranteed by Article 1 of Protocole No. 1 the relevant part of which reads as follows: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. ” By letter dated 17 January 2011 the Government informed the Court that they proposed to make unilateral declarations with a view to resolv...