THIRD SECTION
DECISION
Application no. 33975/16
Dmitriy Vasilyevich ALYABYEV against Russia
and 5 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 24 May 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, 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 acknowledged the inadequate conditions of detention during the periods and in facilities indicted in the unilateral declarations. 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 described in the unilateral declarations, as well as other complaints under the well-established case-law listed therein.
The applicant in application no. 43327/17 also raised other complaints under various articles of the Convention.
The Court has examined the 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 application 43327/17 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 described in the unilateral declarations, as well as other complaints under the well-established case-law listed therein;
Declares the remainder of application no. 43327/17 inadmissible.
Done in English and notified in writing on 14 June 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative 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]
33975/16
12/09/2016
Dmitriy Vasilyevich Alyabyev
03/07/1979
11/05/2017
19/09/2017
5,625
53476/16
16/02/2017
Dmitriy Aleksandrovich Yersh
06/01/1979
12/10/2017
08/12/2017
4,650
56007/16
07/09/2016
Aleksey Pavlovich Matveyev
21/09/1974
Art. 5 (3) - excessive length of pre-trial detention,
Art. 5 (4) - excessive length of judicial review of detention,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/05/2017
20/09/2017
8,000
41370/17
10/05/2017
Dmitriy Anatolyevich Vopylev
25/10/1983
Antonova Yekaterina Vladimirovna
St Petersburg
10/01/2018
15/03/2018
2,095
42924/17
31/05/2017
Mikhail Aleksandrovich Vladimirov
07/08/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
10/01/2018
22/03/2018
2,825
43327/17
05/04/2017
Maksim Eduardovich Butakov
30/04/1988
10/01/2018
09/03/2018
8,250
[i]. Plus any tax that may be chargeable to the applicants.
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