THIRD SECTION
DECISION
Application no. 34140/17
Vladimir Aleksandrovich KREKOTNEV against Russia
and 16 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 7 March 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 Article 13 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 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 28 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]
34140/17
20/04/2017
Vladimir Aleksandrovich Krekotnev
03/04/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
03/04/2018
01/06/2018
4,500
44777/17
16/06/2017
Viktor Gennadyevich Sokolov
07/07/1956
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/01/2018
23/02/2018
5,000
73931/17
29/09/2017
Maksim Yuryevich Aristov
22/08/1983
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/07/2018
18/09/2018
4,500
79364/17
07/11/2017
Roman Ivanovich Moldoratov
08/05/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
15/05/2018
02/07/2018
5,850
79612/17
11/11/2017
Yevgeniy Aleksandrovich Mikolaychuk
13/10/1977
15/05/2018
11/07/2018
4,500
81562/17
23/11/2017
Timofey Nikolayevich Domnitskiy
04/10/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
22/05/2018
23/07/2018
4,500
609/18
02/12/2017
Ivan Aleksandrovich Bogdanov
26/05/1992
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
24/07/2018
18/09/2018
4,500
1287/18
03/12/2017
Andrey Vasilyevich Obukhov
07/10/1980
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
24/07/2018
01/10/2018
4,500
2495/18
19/12/2017
Yuliya Aleksandrovna Kozachenko
30/12/1982
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/07/2018
18/09/2018
4,500
3351/18
19/12/2017
Yevgeniy Gennadyevich Gertsev
29/08/1976
14/09/2018
09/11/2018
4,500
3502/18
11/12/2017
Sergey Vitalyevich Boginskiy
21/08/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/07/2018
01/10/2018
4,500
3621/18
29/12/2017
Petr Aleksandrovich Larionov
04/10/1982
Born Aleksandr Viktorovich
Kineshma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/07/2018
26/09/2018
4,500
3783/18
12/12/2017
Viktor Svetoslavovich Zuyev
07/01/1979
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
23/07/2018
27/09/2018
4,500
4981/18
15/12/2017
Sergey Sergeyevich Kislykh
23/04/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/09/2018
14/11/2018
4,500
6105/18
15/01/2018
Gennadiy Sergeyevich Antonov
17/01/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
24/07/2018
03/10/2018
4,500
7481/18
11/01/2018
Vasiliy Mikhaylovich Zarutskiy
20/03/1981
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/07/2018
18/09/2018
4,500
7852/18
29/01/2018
Aleksandr Nikolayevich Vishnyakov
11/09/1964
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/09/2018
11/10/2018
4,500
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy