THIRD SECTION
DECISION
Application no. 46031/17
Azamat Valeryevich IKAYEV against Russia
and 28 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 28 May 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 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 18 June 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]
46031/17
15/06/2017
Azamat Valeryevich IKAYEV
28/01/1980
15/01/2020
27/02/2020
10,800
67817/17
02/04/2018
Nikolay Vladimirovich SYCHEV
06/02/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
24/01/2020
5,850
80498/17
11/11/2017
Andrey Gennadyevich SOKOLOV
12/03/1980
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2020
03/04/2020
9,900
9091/18
04/02/2018
Aleksandr Anatolyevich PASTUSHKOV
28/08/1974
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/02/2020
27/03/2020
9,450
12320/18
06/05/2018
Andrey Anatolyevich STEPANOV
28/11/1975
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
Art. 3 - inadequate conditions of detention from 28/02/2018 to 28/04/2018; IZ-1 Chita; less than 3 sq. m of personal space; lack of fresh air; lack of natural light; constant electric light; poor quality of food; poor quality of bedding
03/12/2019
28/01/2020
5,865
25503/18
14/05/2018
Sergey Vasilyevich ABRAMUSHKIN
13/09/1971
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
21/01/2020
6,750
29454/18
05/06/2018
Vitaliy Sergeyevich VOROZHBIT
25/02/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/12/2019
24/02/2020
6,525
29903/18
30/07/2018
Aleksey Leonidovich IVANOV
28/04/1980
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
14/01/2020
21/02/2020
5,625
32459/18
06/09/2018
Aleksandr Sergeyevich PENK
25/12/1973
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
14/01/2020
26/02/2020
7,200
41382/18
20/08/2018
Eduard Mikhaylovich PASHKEVICH
13/07/1977
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,850
41869/18
21/01/2019
Ivan Sergeyevich SPITSKIY
30/12/1991
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
14/01/2020
26/02/2020
6,525
42499/18
26/08/2018
Vadim Viktorovich BELYAYEV
05/10/1970
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,625
42971/18
26/08/2018
Anatoliy Petrovich ADYAKIN
12/02/1967
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
4,725
43105/18
27/08/2018
Anatoliy Aleksandrovich BOROVKOV
19/01/1958
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
8,100
47382/18
17/11/2018
Nikolay Vladimirovich RUSOV
26/04/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,175
47809/18
27/09/2018
Yevgeniy Alekseyevich ZYKOV
31/12/1982
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,625
47816/18
28/09/2018
Vitaliy Olegovich ZASHCHIKHIN
28/10/1993
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
4,500
48117/18
30/09/2018
Ivan Valentinovich KLESHCHEV
06/02/1972
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
4,725
48745/18
23/07/2018
Denis Vladislavovich ZYRYANTSEV
13/11/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
4,500
49325/18
01/10/2018
Aleksandr Vadimovich KOSTIN
26/05/1956
Kozhevnikova Yelena Zafirovna
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,400
50740/18
09/10/2018
Nikolay Andreyevich PASYNKOV
26/06/1997
Shirokov Oleg Valeryevich
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,625
53910/18
28/10/2018
Dmitriy Mikhaylovich BREGMAN
11/05/1976
Kozhevnikova Yelena Zafirovna
Nizhniy Tagil
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
26/02/2020
5,400
57920/18
24/11/2018
Igor Yevgenyevich KOSYKH
12/03/1973
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
28/02/2020
4,500
58516/18
28/11/2018
Ivan Yevgenyevich SOKOLOV
03/03/1992
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
27/02/2020
4,500
4678/19
06/01/2019
Artem Yevgenyevich SAZONOV
30/10/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
03/03/2020
4,500
5911/19
26/04/2019
Yevgeniy Yevgenyevich DAVLYATSHIN
03/12/1973
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
03/03/2020
4,500
7221/19
15/03/2019
Andrey Nikolayevich PONOMAREV
24/03/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
27/02/2020
4,500
8731/19
19/01/2019
Viktor Nikolayevich OVCHINNIKOV
01/03/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
14/01/2020
03/03/2020
4,500
25004/19
12/04/2019
Yuriy Nikolayevich OSMININ
17/03/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
21/01/2020
02/03/2020
4,500
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy