THIRD SECTION
DECISION
Application no. 43460/11
Anatoliy Vladimirovich BLINNIKOV against Russia
and 7 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 September 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Hasan Bakırcı, 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 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 inadequate conditions of 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 6 October 2016.
Hasan BakırcıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
Representative 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]
43460/11
18/05/2011
Anatoliy Vladimirovich BLINNIKOV
03/06/1979
Art. 5 (1) (c) - unlawful pre-trial detention,
Art. 5 (3) - excessive length of pre-trial detention
28/01/2016
15/06/2016
9,750
44005/11
01/06/2011
Sergey Yuryevich LYBIN
18/02/1980
Yefremova Yekaterina Viktorovna
Moscow
Art. 5 (3) - excessive length of pre-trial detention
28/01/2016
19/05/2016
7,500
46239/11
17/06/2011
Dmitriy Vladimirovich SITNIKOV
03/12/1983
Art. 5 (3) - excessive length of pre-trial detention
28/01/2016
18/05/2016
14,000
53668/11
30/06/2011
Ilya Anatolyevich GALCHUK
17/09/1984
Art. 5 (3) - excessive length of pre-trial detention
28/01/2016
03/06/2016
13,875
55883/12
06/08/2012
Roman Yuryevich MALKIN
16/05/1983
Art. 5 (3) - excessive length of pre-trial detention
28/01/2016
19/05/2016
5,625
78682/13
05/11/2013
Maksim Aleksandrovich MAKSIMOV
14/03/1984
02/11/2015
24/05/2016
4,740
61626/14
21/07/2014
Pavel Sergeyevich NIKOLAYEV
13/02/1983
02/11/2015
24/05/2016
8,875
67946/14
02/10/2014
Dalerdzhon Vladimirovich DZHOMIYEV
05/05/1988
Sorokina Mariya Vladimirovna
Orenburg
02/11/2015
03/06/2016
5,250
[1]. Plus any tax that may be chargeable to the applicants.
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