THIRD SECTION
DECISION
Application no. 10496/18
Sergey Yevgenyevich ASHOVSKIY against Russia
and 25 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 June 2019 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 during transport were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 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 during transport. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by Article 13 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.
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 11 July 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
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]
10496/18
27/06/2018
Sergey Yevgenyevich Ashovskiy
07/06/1973
21/01/2019
01/04/2019
1,000
22305/18
29/03/2018
Petr Petrovich Kosteletskiy
01/07/1957
14/01/2019
28/03/2019
1,500
26093/18
09/05/2018
Vitaliy Vyacheslavovich Altynbayev
04/08/1981
Malinin Andrey Anatolyevich
Pechora
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
14/01/2019
02/04/2019
1,000
26640/18
01/05/2018
Vladimir Viktorovich Ilyin
05/04/1963
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
14/01/2019
11/03/2019
1,000
27838/18
25/05/2018
Pavel Vladimirovich Glazunov
27/11/1974
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
14/01/2019
15/03/2019
1,500
28205/18
24/05/2018
Timur Olegovich Yurtayev
25/05/1984
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
21/01/2019
21/03/2019
1,000
28499/18
04/05/2018
Anton Vladimirovich Alekseyev
06/06/1978
Andreyev Ashot Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
14/01/2019
04/04/2019
1,500
28582/18
28/05/2018
Denis Sergeyevich Chernykh
02/10/1992
14/01/2019
28/03/2019
1,000
29448/18
21/05/2018
Sergey Gennadyevich Alekseyev
26/05/1992
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
21/01/2019
12/03/2019
1,000
29467/18
21/05/2018
Gennadiy Anatolyevich Savinov
20/10/1969
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
21/01/2019
12/03/2019
1,000
31026/18
12/06/2018
Islam Mutagirovich Davudov
29/07/1969
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
18/03/2019
1,000
31109/18
14/06/2018
Sergey Aleksandrovich Shmykov
10/10/1960
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
12/03/2019
1,000
31322/18
13/06/2018
Dmitriy Mikhaylovich Shmarlovskiy
07/09/1988
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
18/03/2019
1,000
31700/18
24/06/2018
Yevgeniy Viktorovich Butko
01/08/1983
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
11/04/2019
1,000
31858/18
25/05/2018
Yuriy Sergeyevich Matveyev
05/12/1984
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
08/04/2019
1,000
31918/18
25/06/2018
Sergey Yuryevich Averichev
13/08/1978
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
21/01/2019
18/03/2019
1,000
32574/18
18/06/2018
Sergey Vasilyevich Izyurov
09/11/1977
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
29/01/2019
07/03/2019
1,000
33093/18
26/06/2018
Ruslan Georgiyevich Arutyunyan
19/01/1978
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
24/04/2019
1,000
33563/18
21/06/2018
Valentin Sergeyevich Semenov
10/11/1997
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
27/03/2019
1,000
33891/18
28/06/2018
Azamat Alvertovich Nurlygayanov
13/09/1989
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
29/01/2019
21/03/2019
1,000
34250/18
01/07/2018
Mikhail Zhamalodinovich Abdulmadzhidov
15/02/1985
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
29/01/2019
27/03/2019
1,000
34533/18
04/07/2018
Vitaliy Andreyevich Manukh
16/08/1985
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
29/01/2019
12/03/2019
1,000
35840/18
06/07/2018
Roman Sergeyevich Shangareyev
24/02/1981
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
29/01/2019
15/03/2019
1,000
36042/18
28/06/2018
Sergey Alekseyevich Grigoryev
28/11/1971
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
05/02/2019
11/04/2019
1,000
36649/18
13/07/2018
Dmitriy Sergeyevich Rochev
15/01/1994
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
11/03/2019
23/04/2019
1,000
37250/18
16/07/2018
Aleksandr Valentinovich Doroshkevichus
22/11/1982
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
11/03/2019
29/04/2019
1,000
[i]. Plus any tax that may be chargeable to the applicants.
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