THIRD SECTION
DECISION
Application no. 14314/18
Aleksandr Sergeyevich GRIGORYEV against Russia
and 10 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 9 July 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, 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 all 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 further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. 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.
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 July 2020.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
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]
14314/18
12/03/2018
Aleksandr Sergeyevich GRIGORYEV
20/03/1981
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2019
24/11/2019
4,500
20135/18
10/04/2018
Aleksandr Yevgenyevich KANOCHKIN
25/09/1972
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2020
11/03/2020
8,775
21569/18
19/06/2018
Yevgeniy Petrovich VASILYEV
10/11/1971
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
06/03/2020
22/05/2020
9,000
24921/18
24/04/2018
Dmitriy Vladimirovich KLIMNENKO
13/01/1975
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
06/03/2020
28/04/2020
9,000
47556/18
13/11/2018
Oleg Petrovich GARKUSHA
17/06/1972
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2020
05/05/2020
7,650
51262/18
15/10/2018
Andrey Nikolayevich MOZHAYEV
17/09/1975
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
22/05/2020
4,500
54320/18
02/11/2018
Aleksandr Aleksandrovich LAPTEV
19/08/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
06/03/2020
22/05/2020
7,200
54732/18
17/09/2018
Nikolay Valentinovich VASILYEV
28/02/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
19/03/2020
28/05/2020
6,750
57039/18
13/11/2018
Vasiliy Ivanovich VENGEROV
15/10/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
06/03/2020
19/05/2020
6,075
3640/19
25/12/2018
Nikolay Sergeyevich YAKUNENKO
20/09/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/10/2019
07/01/2020
6,000
13942/19
19/02/2019
Maksim Ramisovich KURYATKIN
21/02/1992
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2020
12/05/2020
7,200
[1] Plus any tax that may be chargeable to the applicants.
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