19
THIRD SECTION
DECISION
Application no. 35461/17
Igor Aleksandrovich KARGAPOLTSEV against Russia
and 19 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 14 February 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 other provisions 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 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 insofar as they were covered by the unilateral declarations.
The applicant in application no. 4912/18 also raised a complaint about another period of detention, not covered by the unilateral declaration.
The Court has examined the application 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, that complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of application no. 4912/18 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 insofar as covered by the unilateral declarations of the Government which were accepted by the applicants;
Declares the remainder of application no. 4912/18 inadmissible.
Done in English and notified in writing on 7 March 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]
35461/17
18/08/2017
Igor Aleksandrovich Kargapoltsev
20/01/1989
15/05/2018
16/07/2018
4,650
51611/17
20/09/2017
Anton Yuryevich Stekolnikov
20/07/1992
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
25/05/2018
10/09/2018
2,460
69515/17
13/12/2017
Vyacheslav Aleksandrovich Makhanev
06/06/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
22/10/2018
3,920
69518/17
22/01/2018
Aleksandr Aleksandrovich
Drozdov
24/04/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
18/09/2018
27/11/2018
2,450
70287/17
25/10/2017
Aleksey Valentinovich
Vasilyev
08/12/1976
16/07/2018
29/10/2018
4,285
73346/17
17/11/2017
Andrey Sergeyevich
Pakholkov
31/01/1982
16/07/2018
04/10/2018
6,250
77242/17
11/01/2018
Sergey Vladimirovich
Kotov
19/07/1979
18/09/2018
27/11/2018
3,555
77252/17
07/02/2018
Vladimir Nikolayevich
Zhukov
30/09/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
18/09/2018
27/11/2018
6,250
77258/17
22/02/2018
Aleksandr Aleksandrovich Ratnikov
17/09/1969
18/09/2018
26/11/2018
6,250
78234/17
30/10/2017
Kristian Olegovich
Karabeynikov
27/10/1996
Stepanov Aleksey Sergeyevich
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
20/06/2018
17/08/2018
4,285
78522/17
30/10/2017
Dmitriy Andreyevich
Smirnov
08/03/1988
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
20/06/2018
24/08/2018
6,500
78536/17
04/11/2017
Dmitriy Anatolyevich
Koryakin
28/08/1977
Orlov Andrey Stanislavovich
St Petersburg
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Moscow District Court of St Petersburg on 03/05/2017
Art. 13 - lack of any effective remedy in domestic law
15/05/2018
03/08/2018
7,000
79411/17
26/10/2017
Dmitriy Petrovich
Valovenko
25/03/1984
Urlashov Aleksey Mikhaylovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
20/06/2018
10/08/2018
8,500
80514/17
08/11/2017
Yevgeniy Sergeyevich
Pelevin
07/04/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
20/06/2018
03/08/2018
1,730
82406/17
24/11/2017
Yevgeniy Vladimirovich
Danilov
07/05/1990
Boychenko Yegor Leonidovych
Strasbourg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
20/06/2018
04/09/2018
13,000
4071/18
09/01/2018
Rishat Ramilyevich
Myazitov
21/06/1993
Studenkova Olga Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - ,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Petrogradskiy District Court on 31/07/2017
18/09/2018
06/11/2018
7,050
4859/18
07/11/2017
Roman Vladimirovich
Kamalyan
13/11/1978
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
03/10/2018
8,000
4912/18
07/11/2017
Artur Vladimirovich
Kamalyan
16/01/1985
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
03/10/2018
8,000
8827/18
08/01/2018
Dmitriy Anatolyevich
Vopylev
25/10/1983
Antonova Yekaterina Vladimirovna
St Petersburg
18/09/2018
23/11/2018
3,555
9609/18
17/01/2018
Oleg Vladimirovich
Dzhaparov
24/01/1981
18/09/2018
27/11/2018
5,500
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy