THIRD SECTION
DECISION
Application no. 37147/17
Yevgeniy Gennadyevich DEGTYAREV against Russia
and 42 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 30 April 2020 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, 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 insofar as they are covered by the friendly settlement.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention and other complaints under the well-established case-law, as covered by the unilateral declarations and described in the appended table.
The applicant in application no. 45115/17 also complained about another period of his detention in poor conditions.
The Court has examined those complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of application no. 45115/17 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention and the other complaints raised under the well-established case-law and covered by the Government’s unilateral declarations (see the appended table);
Declares the remainder of application no. 45115/17 inadmissible.
Done in English and notified in writing on 4 June 2020.
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
37147/17
10/05/2017
Yevgeniy Gennadyevich DEGTYAREV
08/05/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
07/02/2020
5,400
42875/17
26/05/2017
Ivan Aleksandrovich STEPANOV
26/02/1978
Ravil Yuryevich MUKHAMEDGALIYEV
24/01/1972
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/12/2019
06/02/2020
7,875
45115/17
03/08/2017
Aleksandr Georgiyevich POZDERKE
05/09/1980
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
10/01/2020
7,650
48379/17
14/08/2017
Oleg Viktorovich TRETYAKOV
25/04/1979
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
05/02/2020
9,000
67363/17
16/08/2017
Viktor Ivanovich YAKOTSUTS
06/08/1977
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
09/01/2020
4,500
74009/17
22/01/2018
Pavel Yuryevich IGNATYEV
01/03/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
09/01/2020
7,200
75856/17
14/10/2017
Yevgeniy Vladimirovich INYAKIN
07/12/1982
16/12/2019
06/02/2020
9,000
78205/17
30/10/2017
Ruslan Valentinovich CHERKASOV
13/09/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
09/01/2020
4,500
80404/17
01/11/2017
Sergey Sergeyevich DZHUN
27/05/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
31/01/2020
11,700
6364/18
10/03/2018
Ivan Aleksandrovich DOROKHOV
18/05/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
03/02/2020
4,950
16360/18
11/05/2018
Denis Vladimirovich GORBUNOV
12/03/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
29/11/2019
6,525
21533/18
11/04/2018
Nikolay Alekseyevich MAMONTOV
05/10/1978
Malinin Andrey Anatolyevich
Pechora
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
13/12/2019
8,100
21534/18
11/04/2018
Yevgeniy Yuryevich KOTRUTSA
26/09/1988
Malinin Andrey Anatolyevich
Pechora
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
13/12/2019
5,625
22418/18
04/04/2018
Dmitriy Aleksandrovich GRIBTSOV
15/03/1978
25/01/2019
25/03/2019
4,500
23216/18
20/04/2018
Aleksandr Vladimirovich TROPIN
30/06/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
25/01/2019
21/03/2019
4,500
27709/18
22/05/2018
Sergey Ivanovich SOKOLENKO
14/08/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
09/01/2020
4,500
27837/18
29/05/2018
Viktor Sergeyevich SPIRIN
17/10/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
14/01/2019
18/03/2019
4,500
28071/18
05/06/2018
Aleksey Aleksandrovich OSIPOV
23/06/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
25/01/2019
21/03/2019
5,500
28710/18
08/06/2018
Rinat Nurislamovich KARIMOV
17/07/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
18/12/2019
5,175
31770/18
22/06/2018
Roman Yuryevich SVERCHKOV
01/02/1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
13/12/2019
5,400
42720/18
08/01/2019
Konstantin Anatolyevich SHOKHIN
03/06/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
10/12/2019
4,500
43008/18
12/11/2018
Denis Vladimirovich BUDYLIN
04/01/1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
21/11/2019
5,960
47365/18
21/09/2018
Andrey Valeryevich MIKHAYLOV
01/02/1983
Malinin Andrey Anatolyevich
Pechora
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport
Art. 3 - inadequate conditions of detention during transport on 2 occasions (round trip to the hospital) on 09/06/2018 and 21/06/2018; by van and train, 0.3 sq. m of personal space; overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet
15/10/2019
03/12/2019
5,750
49310/18
08/10/2018
Aleksandr Sergeyevich DUBENSKIY
07/12/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
03/12/2019
6,750
50325/18
08/10/2018
Oleg Nikolayevich KLAPOUSHENKO
15/08/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
Art. 3 - inadequate conditions of detention during transport –from 11/05/2018 to 31/07/2018; by train, 0.3 sq. m of personal space, overcrowding
15/10/2019
16/12/2019
6,500
50673/18
12/10/2018
Yevgeniy Andreyevich TKACHENKO
07/02/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
25/11/2019
4,500
51500/18
18/10/2018
Artem Sergeyevich RUSINOV
22/01/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
04/12/2019
4,500
52610/18
11/10/2018
Aleksey Borisovich RYZHOV
30/07/1968
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport
Art. 3 - inadequate conditions of detention during transport on 18-19/06/2018; by van and train, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to toilet
15/10/2019
10/12/2019
5,500
57705/18
07/11/2018
Sergey Vasilyevich IZYUROV
09/11/1977
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
04/12/2019
5,500
57748/18
18/11/2018
Vitaliy Rudolfovich GASPERT
30/07/1974
Andreyev Ashot Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport
Art. 3 - inadequate conditions of detention during transport on 19/05/2018; by van and train from the detention facility to the prison hospital, 0.4 sq. m of personal space, overnight trip, restricted access to toilet, absence of an individual sleeping place
15/10/2019
16/12/2019
5,500
3855/19
28/11/2018
Gadzhimurad Tadzhidinovich RAMAZANOV
10/10/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
29/11/2019
4,500
5032/19
21/01/2019
Mikhail Vladimirovich VAKHNIN
17/02/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
05/12/2019
4,500
5878/19
29/12/2018
Roman Sergeyevich SHANGAREYEV
24/02/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
Art. 3 - inadequate conditions of detention during transport on 07/12/2018; by train
15/10/2019
20/11/2019
7,000
6159/19
17/12/2018
Denis Andreyevich BOYKO
28/05/1993
15/10/2019
04/12/2019
4,500
6422/19
11/01/2019
Sergey Dmitriyevich ORLOV
05/01/1995
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
20/11/2019
4,500
11467/19
25/01/2019
Anton Yuryevich DYATKINSKIY
28/06/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/12/2019
07/02/2020
4,500
13447/19
21/02/2019
Ruslan Dzhamal ogly ALIYEV
03/08/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
25/11/2019
4,500
13972/19
18/02/2019
Grigoriy Vadimovich SEREBROV
27/02/1996
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport
Art. 3 - inadequate conditions of detention during transport on 15–16/02/2019; by van and train, inadequate temperature, insufficient personal space, overnight trip, no sleeping place, lack of fresh air, no potable water, restricted access to toilets
15/10/2019
03/12/2019
5,950
14183/19
11/02/2019
Ivan Andreyevich KRUGLOV
28/01/1985
Urlashov Aleksey Mikhaylovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
19/11/2019
5,963
21980/19
01/04/2019
Andrey Mikhaylovich LAZAREV
11/01/1982
Matskevich Sergey Viktorovich
St Petersbourg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
09/01/2020
4,500
23454/19
01/04/2019
Aleksandr Gennadyevich VINOKUROV
06/07/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
10/12/2019
5,175
24774/19
22/04/2019
Yevgeniy Aleksandrovich TERENTYEV
18/05/1987
Andreyev Ashot Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
16/12/2019
4,500
27770/19
14/05/2019
Artem Sergeyevich STREMEDLOVSKIY
18/12/1988
15/10/2019
20/11/2019
4,500
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy