THIRD SECTION
DECISION
Application no. 20947/18
Dmitriy Vasilyevich DUMINIKA against Russia
and 3 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 May 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 5 § 4 of the Convention concerning the deficiencies in proceedings for review of the lawfulness 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 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 10 June 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 4 of the Convention
(deficiencies in proceedings for review of the lawfulness of detention)
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 (in euros)[1]
20947/18
07/05/2018
Dmitriy Vasilyevich DUMINIKA
1987
Magomedova Roza Saidovna
Moscow
Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions between the detention facility and the courthouse; from 27/06/2017 to 21/05/2018; lack of fresh air, overcrowding, poor quality of food, no or restricted access to toilet, no or restricted access to potable water;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
25/01/2021
01/02/2021
1,300
45861/19
16/08/2019
AND
30694/20
23/06/2020
Sergey Yuryevich SOBOLEV
1980
15/01/2021
21/01/2021
500
36629/20
12/07/2020
Vladimir Borisovich LAMBROS
1954
Golub Olga Viktorovna
Suzemka
25/01/2021
01/02/2021
500
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy