THIRD SECTION
DECISION
Application no. 41901/17
Valeriy Alimovich LEGUSH against Russia
and 28 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 November 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, 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 formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 8 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 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 a 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 10 December 2020.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
No.
Application no.
Date of introduction
Applicant’s name
Year 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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant/household
(in euros)[1]
41901/17
05/05/2017
Valeriy Alimovich LEGUSH
1971
Egle Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
19/05/2020
6,000
53309/17
15/07/2017
Valentin Petrovich KATUSHA
1977
Egle Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-26 Primorye Region from 05/09/2018 to 08/05/2019 - overcrowding, lack of fresh air, lack of ventilation, mouldy or dirty cell, high humidity, inadequate temperature, lack of privacy for toilet, no or restricted access to warm water.
10/06/2020
19/05/2020
7,800
72598/17
25/09/2017
(3 applicants)
Household
Aleksey Mikhaylovich VOYEVODIN
1984
Bronislav Alekseyevich VOYEVODIN
2008
Olga Sergeyevna VOYEVODINA
1988
03/09/2020
01/09/2020
6,000
78131/17
04/11/2017
Idris Anzurovich MEZHIDOV
1990
Petryakov Sergey Ivanovich
Kazan
10/06/2020
26/05/2020
6,000
80157/17
13/11/2017
Vladimir Ivanovich MISHCHENKOV
1959
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
20/05/2020
6,000
82909/17
22/11/2017
Khamzat Vakhayevich DANDAYEV
1948
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
22/09/2020
23/06/2020
6,000
83858/17
04/12/2017
Praskovya Terentyevna BELYAYEVA
1929
Markin Konstantin Aleksandrovich
Velikiy Novgorod
22/09/2020
27/07/2020
6,000
3598/18
26/09/2018
Household
Pelageya Andreyevna GOSPODINOVA
1956
Dmitriy Anatolyevich GOSPODINOV
1978
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/07/2020
31/07/2020
6,000
3987/18
19/02/2018
Sergey Aleksandrovich GALANOV
1986
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/07/2020
17/08/2020
6,000
7946/18
25/12/2017
Vyacheslav Nikolayevich ANOKHIN
1981
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/07/2020
06/08/2020
6,000
11167/18
21/02/2018
Igor Sergeyevich SEVERGIN
1996
Tolmacheva Mariya Valeryevna
Saransk
10/06/2020
01/07/2020
6,000
11404/18
26/01/2018
Aleksey Aleksandrovich PAKHOMOV
1982
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
26/08/2020
6,000
35659/18
10/12/2018
Andrey Nikolayevich ASHANIN
1962
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention during transport - inadequate conditions during transport from 14/11/2018 to 05/12/2018 in prison cells, vans and trains;
Art. 3 - inadequate conditions of detention after conviction detention in IK-29 Kirov Region from 05/03/2013 to 14/11/2018.
03/09/2020
03/09/2020
6,000
45722/18
19/09/2018
Ilya Yevgenyevich BUKHAROV
1986
Art. 3 - inadequate conditions of detention during transport - overnight transport by train on 28-29/03/2018; 0.4 sq. m of personal space; overcrowding; insufficient number of sleeping places; restricted access to toilet.
03/07/2020
28/07/2020
7,000
45760/18
30/10/2018
Dmitriy Vladimirovich KLIMNENKO
1975
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
28/08/2020
6,000
46461/18
13/09/2018
Yevgeniy Vladimirovich ANDROSOV
1978
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect to allocation to a remote colony;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region from 01/12/2017 to 24/04/2018; 1.2-2.1 sq. m of personal space; lack of outfit, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to toilet, inadequate temperature, mouldy or dirty cell.
03/07/2020
05/08/2020
7,800
49406/18
24/09/2018
Igor Gennadyevich VALYAYEV
1982
28/08/2020
02/09/2020
6,000
49782/18
10/10/2018
(3 applicants)
Household
Y.S.
1977
S.S.
1954
N.S.
1956
Yefremova Yekaterina Viktorovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
03/06/2020
6,000
4368/19
24/12/2018
Yevgeniy Aleksandrovich GURKOV
1983
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
01/09/2020
6,000
11145/19
19/09/2019
Household
Aleksandr Vladimirovich ZAUSHKIN
1971
Lyudmila Ivanovna ZAUSHKINA
1947
Govorukhina Tatyana Valentinovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
08/07/2020
6,000
18640/19
25/03/2019
Household
Igor Leonidovich SOKOLOV
1970
Nadezhda Alekseyevna NESTRUGINA
1948
Druzhkova Olga Vladimirovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
12/05/2020
6,000
43222/19
31/07/2019
(3 applicants)
Household
Aleksandr Borisovich GORBONOS
1971
Albina Filimonovna BORTNIKOVA
1969
Boris Romanovich GORBONOS
1947
Govorukhina Tatyana Valentinovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
10/06/2020
03/07/2020
6,000
44649/19
16/09/2019
Yevgeniy Nikolayevich PETROV
1975
10/06/2020
26/06/2020
6,000
46405/19
21/08/2019
Andrey Aleksandrovich YURIN
1988
10/06/2020
10/07/2020
6,000
47173/19
02/10/2019
Stanislav Ivanovich SALION
1958
Art. 3 - inadequate conditions of detention after conviction - detention in IK-46 Sverdlovsk Region; from 31/01/2010 to 30/07/2019
03/09/2020
25/08/2020
6,000
49773/19
09/09/2019
Dmitriy Yuryevich ISAYEV
1974
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
02/07/2020
6,000
50375/19
01/09/2019
Dmitriy Sergeyevich GORBUNOV
1988
10/06/2020
10/06/2020
6,000
58949/19
23/10/2019
Roman Viktorovich SAYFERT
1979
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
10/06/2020
10/08/2020
6,000
4647/20
07/12/2019
Safarmurod Saidmurodovich MAKHMUDOV
1988
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
03/09/2020
11/09/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy