THIRD SECTION
DECISION
Application no. 42416/17
Takhir Rashitovich AKHMETSHIN against Russia
and 22 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 February 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
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 these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts 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 these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases 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 applications.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention, as specified in the unilateral declarations, and the other complaints under the well-established case-law, as listed in the appended table.
The applicants in applications nos. 42416/17 and 306/18 also raised other complaints under various articles of the Convention.
The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of applications nos. 42416/17 and 306/18 must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the inadequate conditions of detention, as indicated in the Government’s unilateral declarations, and the other complaints under the well‑established case-law listed in the appended table;
Declares the remainder of applications nos. 42416/17 and 306/18 inadmissible.
Done in English and notified in writing on 5 March 2020.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
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)[i]
42416/17
25/07/2017
Takhir Rashitovich AKHMETSHIN
16/11/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
01/02/2018
22/03/2018
8,750
60190/17
24/07/2017
Igor Vladimirovich KUZNECHENKOV
25/05/1972
01/02/2018
23/03/2018
8,250
61245/17
20/07/2017
Andrey Anatolyevich GOROKHOV
02/06/1979
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport to/from IVS Gorodetskiy between 05/12/2015 and 04/05/2017
01/02/2018
23/07/2018
7,250
65239/17
20/08/2017
Andrey Sergeyevich PODSHIVALOV
30/04/1988
01/02/2018
23/03/2018
3,190
77301/17
02/04/2018
Vyacheslav Romanovich SAMULEVICH
02/06/1996
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/01/2019
12/03/2019
7,250
82815/17
13/11/2017
Maksim Fedorovich STARCHENKO
16/09/1985
17/07/2018
11/09/2018
5,250
306/18
20/02/2018
Artem Mikhaylovich FEDIN
06/12/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
19/09/2018
11/03/2019
5,250
731/18
24/11/2017
Sergey Vasilyevich LOPYREV
09/02/1983
Art. 3 - inadequate conditions of detention during transport - in a prison van between IZ-1 of Komi Republic and IVS of Ust‑Kulom District: journeys of 3 hours and 40 minutes, inadequate temperature, insufficient personal space, handcuffing
17/07/2018
21/09/2018
3,390
776/18
13/12/2017
Aleksandr Ivanovich CHERENEV
25/08/1998
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/01/2019
03/05/2019
7,750
14194/18
05/03/2018
Pavel Valeryevich KOSTIN
06/08/1985
Art. 3 - inadequate conditions of detention during transport - transport by train and detention in transit cells from 17/09/2017 to 29/09/2017; overcrowding; insufficient light; passive smoking; lack of fresh air; restricted access to toilet
05/02/2019
15/04/2019
5,000
17341/18
27/03/2018
Roman Anatolyevich ZHIGAYLO
15/05/1974
05/02/2019
04/04/2019
6,900
17548/18
30/03/2018
Dmitriy Yuryevich BABIN
21/03/1980
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 3 - inadequate conditions of detention during transport - Train 15/10/2017 - 16/10/2017; 18/11/2017; 0.6 sq. m.; overcrowding, lack of fresh air,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
05/02/2019
01/04/2019
3,400
18122/18
27/03/2018
Sergey Andreyevich GRIGORCHUK
02/05/1986
05/02/2019
18/04/2019
6,900
19027/18
01/04/2018
Sergey Gennadyevich GOREPYAKIN
16/08/1978
Geroyev Akhmed Daudovich
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
05/02/2019
15/04/2019
8,550
28133/18
05/06/2018
Israil Mirail ogly IBADULLAYEV
27/08/1984
09/01/2019
09/04/2019
11,250
30112/18
15/06/2018
Arsen Khachikovich MIKAYELYAN
30/10/1978
Stepanov Aleksey Sergeyevich
Kineshma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
05/02/2019
27/03/2019
6,750
31177/18
15/06/2018
Konstantin Aleksandrovich YEGOROV
04/04/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
12/03/2019
25/04/2019
4,250
31262/18
19/06/2018
Azamat Maybechevich KHOPERSKIY
09/04/1996
Kuptsova Yekaterina Petrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
18/02/2019
01/04/2019
4,285
31547/18
20/06/2018
Andrey Anatolyevich SOKOLOV
15/06/1969
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2019
09/04/2019
8,550
31889/18
14/06/2018
Aleksey Aleksandrovich SKOROKHODOV
12/07/1985
18/02/2019
26/04/2019
5,250
32162/18
15/06/2018
Artem Aleksandrovich LAVRINENKO
22/04/1996
Istrashkina Yelena Valeryevna
St Petresburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
12/03/2019
09/05/2019
2,890
32492/18
23/05/2018
Dmitriy Yuryevich DANILOV
18/01/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2019
13/06/2019
1,730
32565/18
27/06/2018
Daniil Aleksandrovich SMIRNOV
19/07/2000
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2019
17/04/2019
3,920
[i]. Plus any tax that may be chargeable to the applicants.
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