THIRD SECTION
DECISION
Application no. 37849/09
Yelena Alekseyevna FESKOVA against Russia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 30 March 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Karen Reid, 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.
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 4 May 2017.
Karen ReidLuis López Guerra
RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
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)[i]
37849/09
25/06/2009
Yelena Alekseyevna Feskova
11/07/1973
Art. 3 - inadequate conditions of detention during transport ,
Art. 5 (3) - excessive length of pre-trial detention ,
Art. 5 (4) - excessive length of judicial review of detention - ,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
12/07/2016
13/09/2016
12,000
67525/12
01/10/2012
Gennadiy Viktorovich Borygin
11/11/1968
Art. 5 (3) - excessive length of pre-trial detention ,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
14/09/2016
10/11/2016
5,800
45681/13
01/07/2013
Aleksandr Ivanovich Davydov
08/06/1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
12/07/2016
26/09/2016
5,875
56904/14
23/07/2014
Sergey Aleksandrovich Suvorov
27/12/1984
13/09/2016
16/11/2016
7,250
43318/15
26/11/2015
Sergey Alekseyevich Kartsev
08/06/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/09/2016
29/11/2016
4,220
49660/15
26/11/2015
Dmitriy Nikolayevich Belenich
12/01/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/09/2016
22/11/2016
7,625
60187/15
26/11/2015
Fedor Mikhaylovich Vasilyev
09/09/1993
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/09/2016
22/11/2016
4,675
3331/16
21/12/2015
Seno Mironovich Ayembekov
17/07/1991
15/09/2016
29/11/2016
6,125
4060/16
30/12/2015
Anton Vasilyevich Grudinin
06/01/1983
15/09/2016
07/12/2016
5,125
[i] Plus any tax that may be chargeable to the applicants.
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