THIRD SECTION
DECISION
Application no. 20241/18
Aleksandr Fedorovich BURIK
against Russia
The European Court of Human Rights (Third Section), sitting on 24 October 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 application lodged on 27 December 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 3 of the Convention, concerning the inadequate conditions of detention during transport on several occasions listed in the appended table, as well as a complaint under Article 13 concerning the absence of an effective remedy to complain about poor conditions of transport, were communicated to the Russian Government (“the Government”).
Subsequently, it became clear that similar complaints by the same applicant under Articles 3 and 13 of the Convention concerning the same occasions of transport had been communicated to the Government in the scope of the examination of application no. 6589/18. That application was settled by the parties following a unilateral declaration by the Government which was accepted by the applicant. On 4 April 2019 the Court struck application no. 6589/18 out of its list of cases on the basis of the friendly settlement reached by the parties.
THE LAW
In view of the above, the Court considers that the complaints in the present case have already been dealt with through the settlement in application no. 6589/16. It follows that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 14 November 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
Application no.
Date of introduction
Applicant’s name
Date of birth
Means of transport
Start and end date
Sq. m per inmate
Specific grievances
Other complaints under
well-established case-law
20241/18
27/12/2017
Aleksandr Fedorovich Burik
23/06/1976
Van
20/10/2017 to
20/10/2017
train
20/10/2017 to
21/10/2017
van, train
26/11/2017 to
27/11/2017
0.2 m²
0.4 m²
0.4 m²
overcrowding, had to stand during transfer
insufficient number of sleeping places, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, lack of privacy for toilet
no or restricted access to toilet, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
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