THIRD SECTION
DECISION
Application no. 79086/17
Aleksey Vladimirovich KISELEV against Russia
and 13 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 29 August 2019 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 during transport 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 during transport. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention (see appended table). 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 19 September 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
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)[i]
79086/17
31/10/2017
Aleksey Vladimirovich Kiselev
28/09/1979
22/05/2018
24/08/2018
1,000
81215/17
15/11/2017
Yevgeniy Igorevich Skosarev
09/03/1987
22/05/2018
23/06/2018
1,000
12928/18
17/04/2018
Andrey Vasilyevich Yegorov
11/07/1974
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
29/01/2019
1,000
17365/18
29/03/2018
Valeriy Valeryevich Demyanenko
30/08/1973
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
09/10/2018
26/11/2018
1,000
17690/18
28/03/2018
Aleksandr Stoyanov Dimitrov
20/12/1975
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
09/10/2018
29/11/2018
1,000
19618/18
12/04/2018
Ivan Nikolayevich Mansurov
07/05/1991
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
08/01/2019
1,000
21668/18
27/04/2018
Oleg Olegovich Knyazev
06/02/1991
Vorotyntsev Dmitriy Sergeyevich
Rostov-na-Donu
16/10/2018
08/01/2019
1,000
23372/18
02/05/2018
Eduard Olegovich Murzanov
18/11/1982
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
21/01/2019
1,000
27585/18
13/06/2018
Roman Aleksandrovich Novik
12/01/1986
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
14/03/2019
1,000
29389/18
23/05/2018
Sergey Vasilyevich Karmanov
07/07/1992
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
21/03/2019
1,000
29464/18
20/02/2018
Umedzhon Muminovich Makhkamov
19/01/1988
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
08/04/2019
1,000
29499/18
29/05/2018
Ivan Andreyevich Zamotin
25/01/1985
22/01/2019
18/03/2019
1,000
29778/18
04/06/2018
Roman Sergeyevich Vorobyev
30/04/1980
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
22/01/2019
03/04/2019
1,000
32542/18
26/06/2018
Sergey Nikolayevich Smetanin
19/11/1991
Malinin Andrey Anatolyevich
Pechora
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
05/02/2019
02/04/2019
1,000
[i]. Plus any tax that may be chargeable to the applicants.
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