THIRD SECTION
DECISION
Application no. 255/18
Anatoliy Anatolyevich BERESTNEV against Russia
and 12 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,
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 Article 13 of the Convention.
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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention
The Government acknowledged the inadequate conditions of detention. 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 were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) 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)
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 comments, if any
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
255/18
13/03/2018
Anatoliy Anatolyevich Berestnev
24/09/1961
04/10/2018
-
4,500
7708/18
19/01/2018
Sergey Vasilyevich Rassolov
25/10/1958
Yesina Tatyana Robertovna
Sevastopol
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
03/12/2018
4,500
11321/18
11/02/2018
Roman Ravilyevich Zagafarov
07/05/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
22/11/2018
4,500
13416/18
07/03/2018
Anatoliy Viktorovich Perepletchikov
21/02/1966
Khusht Ruslan Shamsudinovich
Yablonovskiy
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
17/01/2019
21/03/2019
4,500
13501/18
22/02/2018
Vadim Aleksandrovich Makarov
26/06/1984
Yesina Tatyana Robertovna
Sevastopol
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
03/12/2018
4,500
13779/18
26/02/2018
Anton Vasilyevich Bolsheshapov
09/09/1985
04/10/2018
27/11/2018
2,095
15759/18
05/03/2018
Anatoliy Bogdanovich Ayrikh
09/07/1985
Yesina Tatyana Robertovna
Sevastopol
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
03/12/2018
4,500
15773/18
14/03/2018
Sergey Mikhaylovich Davydov
30/03/1965
04/10/2018
29/11/2018
4,500
23535/18
27/04/2018
Ivan Sergeyevich Tyukhay
14/01/1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
05/02/2019
30/04/2019
4,500
24904/18
04/05/2018
Oleg Valeryevich Shamshin
05/09/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
25/01/2019
15/03/2019
4,500
26091/18
11/05/2018
Boris Aleksandrovich Petukhov
17/10/1954
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
05/02/2019
03/04/2019
4,500
27836/18
01/06/2018
Oleg Gennadyevich Kuznetsov
05/04/1964
29/01/2019
12/03/2019
5,400
29421/18
07/06/2018
Ruslan Valeryevich Sorokin
12/01/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
05/02/2019
30/04/2019
4,500
[i]. Plus any tax that may be chargeable to the applicants.
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