THIRD SECTION
DECISION
Application no. 33485/20
Anton Sergeyevich GAGAROV against Russia
and 2 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 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 (see the appended table).
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 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
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]
33485/20
15/07/2020
Anton Sergeyevich GAGAROV
1988
10/03/2021
17/05/2021
500
43190/20
31/08/2020
Artem Arslanovich KHAMIDULLIN
1981
Art. 5 (3) - excessive length of pre-trial detention - complaint about pre-trial detention from 20/09/2017 (pending). Length of detention – more than 3 years. Court which issued detention order/ examined appeal - Vakhitovskiy District Court of Kazan/ Supreme Court of the Tatarstan Republic; Supreme Court of the Tatarstan Republic/ Fourth Appellate Court of General Jurisdiction.
Specific defects: use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility of the reasons employed by the courts.
18/05/2021
11/03/2021
4,000
52526/20
27/10/2020
Ilkin Elshanovich SALIMOV
1994
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 4 of the Convention.
18/05/2021
12/05/2021
650
[1] Plus any tax that may be chargeable to the applicants.
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