THIRD SECTION
DECISION
Application no. 27225/20
Vladimir Anatolyevich CHECHIN against Russia
and 12 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 25 March 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the 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 8 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 the Convention.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will 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 undertake 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 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 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 a 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 15 April 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant/household
(in euros)[1]
27225/20
18/05/2020
Vladimir Anatolyevich CHECHIN
1953
Chervyakova Oksana Nikolayevna
Saratov
15/02/2021
05/01/2021
6,000
28226/20
03/06/2020
Aleksandr Mikhaylovich KAZAKOV
1982
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
18/01/2021
6,000
28578/20
18/05/2020
Vyacheslav Alekseyevich SMIRNOV
1990
15/02/2021
22/01/2021
6,000
28989/20
26/06/2020
Yevgeniy Andreyevich ROMASHKO
1989
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
04/12/2020
6,000
29768/20
20/06/2020
Valentina Vasilyevna YUDINA
1949
15/02/2021
23/11/2020
6,000
30829/20
04/06/2020
Aleksey Aleksandrovich KARAS
1982
15/02/2021
16/12/2020
6,000
30839/20
04/06/2020
Vitaliy Sergeyevich PANFILOV
1991
15/02/2021
27/11/2020
6,000
30914/20
10/03/2020
Zaur Inalovich SHASHEV
1978
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
15/12/2020
6,000
31914/20
15/06/2020
Maksim Valeryevich SEROV
1981
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
11/01/2021
6,000
33821/20
15/07/2020
(4 applicants)
Household
Pavel Aleksandrovich SHANDYBO
1981
Aleksandr Mikhaylovich SHANDYBO
1958
Valentina Aleksandrovna SHANDYBO
1957
Violetta Sergeyevna TYUKOVA
1992
Korneyev Aleksey Igorevich
Bryansk
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
27/11/2020
6,000
36094/20
30/07/2020
Nikolay Anatolyevich BARANOV
1980
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
08/12/2020
6,000
37159/20
04/08/2020
(4 applicants)
Household
Anastasiya Alekseyevna KIVAYEVA
1994
Aleksey Nikolayevich KIVAYEV
1953
Sergey Alekseyevich KIVAYEV
1984
Yevgeniy Alekseyevich KIVAYEV
1990
Korneyev Aleksey Igorevich
Bryansk
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
27/11/2020
6,000
40187/20
28/05/2020
Dmitriy Nikolayevich IGNATOV
1980
Korneyev Aleksey Igorevich
Bryansk
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
15/02/2021
07/12/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.
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