THIRD SECTION
DECISION
Application no. 33567/19
Nikita Valeryevich ASTASHKO against Russia
and 5 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting 1 July 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 (see the appended table).
The Government submitted unilateral 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 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 22 July 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]
33567/19
07/06/2019
Nikita Valeryevich ASTASHKO
1986
08/02/2021
12/04/2021
5,390
58409/19
31/03/2020
Aleksandr Anatolyevich ANTONOV
1973
21/01/2021
15/03/2021
2,660
59816/19
05/11/2019
Shamil Nurgazyyevich EDELBAYEV
1992
Dvornikov Anton Nikolayevich
Moscow
Art. 5 (4) - excessive length of judicial review of detention - appellate complaint of 15/04/2019 was examined by the Moscow City Court on 20/05/2019.
10/06/2020
20/08/2020
2,040
24359/20
04/06/2020
Alina Anatolyevna NEDOTOPA
1978
28/01/2021
11/03/2021
2,030
27104/20
04/06/2020
Artem Yuryevich KACHANOV
1996
21/01/2021
22/04/2021
2,240
29686/20
29/06/2020
Dmitriy Alekseyevich NIKITENKO
1993
Sheremet Ivan Andreyevich
Yaroslavl
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage or glass cabin in court hearings before the Zavolzhskiy District Court of Yaroslavl.
21/01/2021
15/03/2021
2,260
[1] Plus any tax that may be chargeable to the applicants.
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