THIRD SECTION
DECISION
Application no. 5027/17
Aleksey Vladimirovich FADEYEV against Russia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 21 March 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, 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 Article 13 of the Convention.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They 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 Article 13 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.
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 the other complaints under Article 13 (see the appended table).
The applicant in application no. 21141/18 also complained about the conditions of detention during another period of detention, not covered by the unilateral declaration submitted by the Government.
The Court has examined this part of application no. 21141/18 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.
It follows that this part of the application 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 as well as the complaints under Article 13, as indicated in the appended table;
Declares the remainder of application no. 21141/18 inadmissible.
Done in English and notified in writing on 11 April 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
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]
5027/17
09/01/2017
Aleksey Vladimirovich Fadeyev
03/01/1979
Romantsova Yekaterina Anatolyevna
Moscow
17/10/2017
01/12/2017
7,750
68721/17
11/09/2017
Yuriy Vladimirovich Bezzubov
13/01/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/09/2018
02/01/2019
4,185
7596/18
21/11/2017
Stanislav Yevgenyevich Tovalovich
02/04/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/09/2018
02/01/2019
13,500
7868/18
01/11/2017
Anton Sergeyevich Revenko
22/12/1977
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/09/2018
02/01/2019
6,300
7941/18
08/12/2017
Pavel Nikolayevich Kornilov
15/09/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/09/2018
02/01/2019
6,075
11632/18
30/01/2018
Sergey Sergeyevich Kramarev
14/04/1982
Kozlov Andrey Borisovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
04/10/2018
12/12/2018
9,500
21141/18
10/04/2018
Vitaliy Vasilyevich Chernyuk
16/10/1980
Ivanova Natalya Vladimirovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
30/10/2018
15/01/2019
5,000
21486/18
14/04/2018
Sergey Andreyevich Kapustin
15/08/1982
Korobeynikov Grigoriy Anatolyevich
St Petersburg
30/10/2018
02/01/2019
2,260
23396/18
03/05/2018
Sergey Vladimirovich Kurbatov
15/06/1957
30/10/2018
15/01/2019
13,500
25533/18
02/04/2018
Aleksandr Olegovich Lastochkin
09/10/1995
30/10/2018
09/01/2019
2,625
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy