SHMATOVA AND OTHERS v. RUSSIA - 36539/08 (Judgment : Struck out of the list : Third Section Committee) [2021] ECHR 905 (02 November 2021)

SHMATOVA AND OTHERS v. RUSSIA - 36539/08 (Judgment : Struck out of the list : Third Section Committee) [2021] ECHR 905 (02 November 2021)

The death of Mr Boyarishchev before the judgment was a decisive fact unknown to the Court and the Government at the time of judgment. The widow failed to inform the Court in a timely manner or provide a valid reason for the delay. There were no special circumstances requiring continuation of the application. The application should be struck out in respect of Mr Boyarishchev.

Citation
[2021] ECHR 905
Parties
Applicants: Shmatova and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
02 November 2021
Procedural Posture
Application for Revision of Judgment / Post Judgment Revision Request
Outcome
Application struck out in respect of Mr Boyarishchev; judgment revised.
Legal Topics
Revision of Judgment, Non Enforcement of Judgments, Right to Effective Remedy, Inheritance of Claims
Human Rights Law Civil Procedure Revision of Judgment Non Enforcement of Judgments Right to Effective Remedy Inheritance of Claims

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Parties

Shmatova and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application for Revision of Judgment / Post Judgment Revision Request

Legal Issues

  1. 1 Whether the death of an applicant prior to judgment justifies revision under Rule 80 of the Rules of Court
  2. 2 Whether the widow of the deceased applicant is entitled to the award for non-pecuniary damage
  3. 3 Whether the application should be struck out in respect of the deceased applicant

Ratio Decidendi

The death of Mr Boyarishchev before the judgment was a decisive fact unknown to the Court and the Government at the time of judgment. The widow failed to inform the Court in a timely manner or provide a valid reason for the delay. There were no special circumstances requiring continuation of the application. The application should be struck out in respect of Mr Boyarishchev.

Court Disposition

Application struck out in respect of Mr Boyarishchev; judgment revised.

Orders

  • The judgment of 11 February 2020 is revised.
  • The application is struck out of the list in so far as the complaint by Mr Aleksandr Ivanovich Boyarishchev is concerned.