THIRD SECTION
DECISION
Application no. 43949/18
Marianna Yevgenyevna ANTONOVA and Others against Russia
and 5 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 May 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 applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 8 § 1 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 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 a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
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.
Done in English and notified in writing on 28 July 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant/household
(in euros)[1]
43949/18
05/09/2018
Household
Marianna Yevgenyevna ANTONOVA
1974
Gleb Vladimirovich RUDYKH
2005
Vladimir Anatolyevich RUDYKH
1970
Yaroslava Vladimirovna RUDYKH
2001
Zhansugurov Salimzhan Rakhmetovich
Moscow
10/06/2020
15/11/2021
6,000
35110/19
05/11/2019
Aleksandr Alekseyevich SHCHERBATOV
1976
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, in respect of poor conditions of transport and allocation of the applicant to a remote detention facility;
Art. 3 - inadequate conditions of detention during transport - transportation between the detention facilities on multiple occasions between 18/10/2019 and 14/01/2020 (0.3-0.5 sq.m. of personal space, overcrowding, insufficient number of sleeping places, restricted access to potable water, restricted access to toilet;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-29 Kirov Region since 18/06/2018, no or restricted access to warm water, no or restricted access to shower, overcrowding.
03/03/2021
12/08/2021
7,800
52283/19
03/06/2020
Roman Aleksandrovich KASHURIN
1988
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
07/09/2021
6,000
57758/19
20/10/2019
AND
39368/20
19/08/2020
AND
42017/20
31/08/2020
Household
Pavel Yuryevich ZIMIN
1981
Antonina Ilyinichna ZIMINA
1986
Yegor Pavlovich ZIMIN
2013
Yeva Pavlovna ZIMINA
2015
Yuriy Vasilyevich ZIMIN
1960
Vera Petrovna ZIMINA
1961
Art. 3 - inadequate conditions of detention after conviction - detention in IK-37 Perm Region;
29/01/2018 – pending;
2 sq.m. of personal space; overcrowding, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet.
03/03/2021
19/08/2021
9,400
[1] Plus any tax that may be chargeable to the applicants.