THIRD SECTION
DECISION
Application no. 52405/19
Gurgen Aleksiyevich ANDREASYAN against Russia
and 14 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 May 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, 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 5 § 3 of the Convention concerning the excessive length of pre-trial 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 excessive length of pre-trial 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 that part.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the excessive length of pre-trial detention, in the part covered by the declarations, as well as other complaints under the well-established case-law covered by the declarations (see appended table below).
Mr Shavlokhov in application no. 64657/19 also raised another complaint under Article 5 § 3 of the Convention in respect of his detention from 15 June 2016 to 1 November 2017.
The Court has examined the complaint 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, it does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.
It follows that this part of application no. 64657/19 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 excessive length of pre-trial detention, in the part covered by the declarations, as well as other complaints under the well-established case-law (see appended table below);
Declares the remainder of application no. 64657/19 inadmissible.
Done in English and notified in writing on 10 June 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Year 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)[1]
52405/19
03/10/2019
Gurgen Aleksiyevich ANDREASYAN
1999
Semiguzova Alana Vladimirovna
Chita
10/04/2020
09/09/2020
900
59630/19
05/11/2019
Dmitriy Nikolayevich KOVALENKO
1992
Dvornikov Anton Nikolayevich
Moscow
Art. 5 (4) - excessive length of judicial review of detention - complaint of 12/04/2019 was examined by the Moscow City Court, 1 month and 8 days later, on 20/05/2019
20/10/2020
11/12/2020
2,040
60187/19
06/11/2019
Vladimir Aleksandrovich PLETUKHOV
1985
Batyants Samvel Sergeyevich
Nizhniy Novgorod
26/10/2020
16/12/2020
910
64657/19
03/12/2019
Vadim Khazbiyevich SHAVLOKHOV
1976
Naumov Dmitriy Valeryevich
Volgograd
Art. 3 - use of metal cages and/or other security arrangements in courtrooms. Detention in a metal cage on multiple occasions during the detention hearings at the Zamoskvoretskiy District Court of Moscow; from 10/07/2019 until 27/11/2019
10/06/2020
04/08/2020
1,210
1592/20
06/12/2019
Roman Vladimirovich BUZIN
1987
Katsko Vitaliy Nikolayevich
Krasnodar
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage in court hearings before the Gulkevichskiy District Court of Krasnodar Region; and the Krasnodar Regional Court
26/10/2020
04/01/2021
5,000
6905/20
22/01/2020
Dmitriy Sergeyevich BATRAKOV
1999
Subocheva Nazhiya Dzhafyarovna
Penza
26/10/2020
04/03/2021
1,260
9967/20
31/01/2020
Ramis Railevich FAYZULLIN
1995
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport on numerous occasions - van (SIZO-5 Chistopol Tatarstan Republic - IVS Naberezhnyye Chelny - Naberazhnyye Chelny Town Court); 09/09/2019 – no information as to the end date ; overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet
20/10/2020
07/12/2020
7,000
11056/20
29/01/2020
Vladimir Valeryevich YEGOROV
1976
Gak Irina Vladimirovna
Rostov-on-Don
20/10/2020
05/01/2021
1,610
11718/20
17/02/2020
Aleksey Yuryevich YEVDOKIMOV
1990
26/10/2020
01/02/2021
2,520
15460/20
20/03/2020
Igor Sergeyevich BUSHUYEV
1985
Yevsyunin Aleksey Konstantinovich
Moscow
26/10/2020
13/01/2021
2,240
22165/20
24/04/2020
Konstantin Aleksandrovich MAYSNER
1986
Chelokhsayev Timur Adamovich
Krasnodar
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings since 17/07/2018 (Krasnodar Regional Court, Gulkevichskiy District Court of Krasnodar Region); the latest event reported to the Court was on 03/08/2020 (guilty verdict delivered by the court at first level of jurisdiction)
28/01/2021
04/03/2021
3,800
22848/20
30/04/2020
Ivan Igorevich SMOLNIKOV
1982
Art. 5 (4) - excessive length of judicial review of detention - Appeal against the decision of 08/07/2019 lodged on 16/07/2019 was considered on 22/08/2019
28/01/2021
02/03/2021
4,420
26256/20
22/05/2020
Yuriy Vladimirovich APOLLONOV
1984
Safina Alina Ildusovna
Kazan
28/01/2021
01/03/2021
3,640
27733/20
13/04/2020
Maksim Vitalyevich GRIGORENKO
1978
28/01/2021
11/03/2021
7,140
32784/20
15/07/2020
Vladislav SIVIRIN
1982
Knyazev Aleksandr Vladimirovich
Moscow
21/01/2021
08/03/2021
4,200
[1] Plus any tax that may be chargeable to the applicants.
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