THIRD SECTION
DECISION
Application no. 25743/20
Elik Yevgenyevich ABDRASHITOV
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 2 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 March 2020,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms V.A. Bogdanovskaya, a lawyer practising in Orel.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged the excessive length of pre-trial detention. They further acknowledged that the domestic authorities had violated the applicant’s rights guaranteed by other provisions of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, 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 payment will constitute the final resolution of the case.
The applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the 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 23 June 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
Application no.
Date of introduction
Applicant’s name
Date of registration
Representative’s name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
25743/20
26/03/2020
Elik Yevgenyevich ABDRASHITOV
1978
Bogdanovskaya Veronika Aleksandrovna
Orel
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Several occasions;
Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic (by means of video link from a remand prison); 15/10/2019 - 30/12/2019;
Art. 3 - inadequate conditions of detention during transport - van, convoy / transit cells (SIZO nos. 1 and 2 Tatarstan Republic; Sovetskiy and Novo-Savinovskiy District Courts of Kazan); 18/07/2019 - 30/12/2019; cramped individual compartments in prison vans, overcrowding (SIZO transit cells), cramped solitary cells in courthouses, no or restricted access to toilet, lack or insufficient quantity of food; no or restricted access to potable water;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - limitation of visits by family members in pre-trial detention facility since his arrest; no more than 2 per months and lack of lengthy family visits, although the applicant is married and has minor children.
21/01/2021
19/03/2021
2,848
[1] Plus any tax that may be chargeable to the applicant.