SOKIRYANSKAYA AND OTHERS v. RUSSIA - 4505/08 (Judgment : Non-pecuniary damage - award : Third Section Committee) [2021] ECHR 189 (09 March 2021)

SOKIRYANSKAYA AND OTHERS v. RUSSIA - 4505/08 (Judgment : Non-pecuniary damage - award : Third Section Committee) [2021] ECHR 189 (09 March 2021)

The Court found that the applicant’s heir, Ms Amirkhanova, has standing to receive the sum awarded to the deceased sixth applicant, and the failure to promptly notify the Court of his death did not affect the examination of the case; therefore, the judgment should be revised to award her the sum.

Citation
[2021] ECHR 189
Parties
Applicants: Sokiryanskaya and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
09 March 2021
Procedural Posture
Application for Revision of Judgment / Post Judgment Revision
Outcome
judgment revised; award to deceased applicant’s heir
Legal Topics
Revision of Judgment, Succession of Applicant, Non Pecuniary Damages, Failure to Notify Death of Applicant
Human Rights Law Procedural Law Revision of Judgment Succession of Applicant Non Pecuniary Damages Failure to Notify Death of Applicant

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Parties

Sokiryanskaya and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the judgment should be revised due to the death of the sixth applicant prior to judgment
  2. 2 Whether the heir of the deceased applicant is entitled to the awarded sum
  3. 3 Effect of failure to promptly notify the Court of the applicant's death

Ratio Decidendi

The Court found that the applicant’s heir, Ms Amirkhanova, has standing to receive the sum awarded to the deceased sixth applicant, and the failure to promptly notify the Court of his death did not affect the examination of the case; therefore, the judgment should be revised to award her the sum.

Court Disposition

judgment revised; award to deceased applicant’s heir

Orders

  • The judgment of 23 June 2020 is revised as regards the sixth applicant.
  • The respondent State is to pay Ms Tamara Khasultanovna Amirkhanova, as heir of Mr Albert Sultanovich Khantygov, EUR 5,000 in respect of non-pecuniary damage, plus any tax chargeable, within three months, converted to the respondent State’s currency at the date of settlement.