THIRD SECTION
DECISION
Application no. 9594/18
Dmitriy Valeryevich DOMYSHEV against Russia
and 17 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 9 September 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting 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 § 1 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 other provisions of 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 30 September 2021.
{signature_p_2}
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 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]
9594/18
19/09/2018
Dmitriy Valeryevich DOMYSHEV
1991
Art. 3 - inadequate conditions of detention during transport - transport by van on several occasions between 19/07/2019 and 17/01/2020; 0.3 sq. m. of personal space; lack of or insufficient natural light, overcrowding, lack of fresh air, no or restricted access to potable water;
Art. 3 - inadequate conditions of detention after conviction - conditions of detention in IK-5 Krasnoyarsk Region since 02/04/2020; 2 sq. m. of personal space; lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-5 Krasnoyarsk Region, since 02/04/2020; video surveillance by opposite-sex operators;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, inadequate conditions of detention during transport, allocation to a remote detention facility and inadequate conditions of detention
15/06/2021
14/04/2021
7,800
53991/18
27/12/2018
Yuriy Vyacheslavovich SHELUKHA
1987
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
22/09/2020
17/05/2021
6,000
28788/19
09/05/2019
AND
3769/20
20/12/2019
Household
Yevgeniy Vitalyevich SIMUSEV
1981
Antonina Petrovna SIMUSEVA
1949
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - detention of the applicant in IK-8 Komi Republic since 29/03/2018; lack of toiletries, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack of or inadequate hygienic facilities, sharing cells with inmates infected with contagious disease, lack of requisite medical assistance
29/04/2021
03/06/2021
14/06/2021
7,800
47766/19
12/08/2020
Zaza Zazayevich SADZHAYA
1986
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region, since 28/11/2016; 2.6 sq. m. of personal space; overcrowding, mouldy or dirty cell, lack of fresh air, no or restricted access to shower
03/03/2021
18/06/2021
7,800
64411/19
30/11/2019
Household
Vladimir Vladimirovich BRONZ
1990
Tatiana Igoryevna BRONZ
1992
20/05/2021
03/06/2021
6,000
2271/20
20/12/2019
Dmitriy Vladislavovich LUNEV
1978
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
07/12/2020
14/06/2021
6,000
30922/20
19/05/2020
Yuriy Vladimirovich SUSHNENKOV
1973
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/02/2021
07/06/2021
6,000
41384/20
24/08/2020
AND
51161/20
17/10/2020
Household
Svetlana Sabirovna KHEYNONEN
1959
Mikhail Sergeyevich YEFREMOV
1984
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/06/2021
17/05/2021
6,000
41388/20
24/08/2020
AND
51633/20
17/10/2020
Household
Andrey Anatolyevich SOTNIKOV
1978
Yelena Alekseyevna SOTNIKOVA
1978
15/06/2021
08/04/2021
6,000
49553/20
01/10/2020
Pavel Sergeyevich GOLUBEV
1986
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/06/2021
07/04/2021
6,000
52306/20
25/10/2020
Tatyana Yuryevna KHOLODKOVA
1994
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/06/2021
08/04/2021
6,000
52542/20
09/11/2020
Viktor Anatolyevich VORONTSOV
1966
15/06/2021
08/04/2021
6,000
53825/20
19/11/2020
Vladimir Aleksandrovich SMIRNOV
1984
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/06/2021
08/04/2021
6,000
54343/20
19/11/2020
Denis Anatolyevich BUZKO
1976
15/06/2021
15/04/2021
6,000
54649/20
27/11/2020
Andrey Borisovich SAMOKHIN
1974
Yevenko Alla Borisovna
Novokuznetsk
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/06/2021
23/04/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy