THIRD SECTION
DECISION
Applications nos. 25729/18 and 3837/19
Andrey Ivanovich GNEZDILOV against Russia
and Aleksandr Igorevich BLOKHIN against Russia
The European Court of Human Rights (Third Section), sitting on 3 June 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 permanent video surveillance of detainees in pre-trial or post-conviction detention facilities were communicated to the Russian Government (“the Government”). The complaints under other provisions of the Convention based on the same facts were also communicated.
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 24 June 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
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]
25729/18
04/02/2019
Andrey Ivanovich GNEZDILOV
1963
Budkevich Valentina Sergeyevna
Krasnoyarsk
Art. 5 (3) - excessive length of pre-trial detention - the length of detention since 04/03/2017 (decisions issued by the Sovetskiy District Court of Krasnoyarsk and Krasnoyarsk Regional Court: fragility of the reasons employed by the courts, failure to conduct the proceedings with due diligence during the period of detention, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention - poor conditions of detention in IZ-1 Krasnoyarsk Region since 23/09/2017: lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack of requisite medical assistance, no or restricted access to warm water.
30/04/2021
22/02/2021
3,200
3837/19
16/12/2018
Aleksandr Igorevich BLOKHIN
1983
Art. 3 - inadequate conditions of detention after conviction - IK-29 Kirov Region, 23/02/2017- ongoing; 1.5 sq. m of personal space, inadequate temperature, lack of or inadequate hygienic facilities, lack and poor quality of clothing, lack of privacy for toilet, lack of toiletries, lack or insufficient quantity of food, no or restricted access to shower, overcrowding, poor quality of food;
Art. 13 - lack of any effective remedy in domestic law in respect of conditions of detention and video surveillance.
30/04/2021
11/02/2021
10,000
[1] Plus any tax that may be chargeable to the applicants.
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