THIRD SECTION
DECISION
Application no. 60555/16
Kirill Sergeyevich LOBANOV against Russia
and 20 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 24 October 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 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 as regards the complaints concerning the inadequate conditions of detention, insofar as covered by the unilateral declarations, and the other complaints under the well-established case-law (see the appended table).
The applicant in application no. 30477/18 also complained about another period of his detention during which his conditions were allegedly poor.
The Court has examined those complaints 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, these complaints either do 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 the application no. 30477/18 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 as regards the complaints concerning the inadequate conditions of detention, insofar as covered by the unilateral declarations, and the other complaints under the well‑established case-law listed in the appended table;
Declares the remainder of application no. 30477/18 inadmissible.
Done in English and notified in writing on 14 November 2019.
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)[i]
60555/16
05/10/2016
Kirill Sergeyevich Lobanov
14/08/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
11/05/2017
09/08/2017
4,000
12573/17
01/02/2017
Roman Viktorovich Fedorov
08/04/1975
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 5 (4) - excessive length of judicial review of detention - Detention order of 07/10/2016; appealed against on 10/10/2016;
appeal decision of 22/12/2016.
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/07/2017
22/09/2017
5,000
13054/18
03/03/2018
Dmitriy Valeryevich Gusakov
09/06/1983
Urlashov Aleksey Mikhaylovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
04/10/2018
05/12/2018
5,750
13717/18
06/03/2018
Aleksandr Alekseyevich Tomskiy
04/02/1997
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
04/10/2018
05/12/2018
6,750
16493/18
19/12/2017
Aleksandr Valeryevich Katrakhov
03/09/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/10/2018
13/02/2019
3,190
19601/18
29/12/2017
Kholmirzo Bekmirzoyevich Kholmirzoyev
19/01/1985
Magomedova Roza Saidovna
Moscow
Art. 3 - inadequate conditions of detention during transport - transport between the detention facility and the courts on a number of occasions;
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport;
Art. 5 (4) - excessive length of judicial review of detention - excessive length of judicial review of detention orders of 03/07/2017 and 04/10/2017 (examined on appeal by the Moscow City Court on 01/08/2017 and 23/11/2017 respectively).
11/03/2019
09/05/2019
6,300
20100/18
19/12/2017
Sergey Fedorovich Shavrin
02/08/1961
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/10/2018
13/02/2019
3,920
21697/18
13/04/2018
Andrey Borisovich Savelyev
25/05/1985
Urlashov Aleksey Mikhaylovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
29/10/2018
21/01/2019
4,650
21781/18
23/04/2018
Andrey Sergeyevich Kuryakov
09/03/1971
Zvonkova Yelena Yuryevna
St Petersburg
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport;
Art. 3 - inadequate conditions of detention during transport - numerous occasions of the applicant’s transport by overcrowded van in period between 01/04/2013 and 20/04/2018 for him to take part in investigative actions and court hearings.
29/10/2018
22/01/2019
14,400
23260/18
28/04/2018
Nataliya Sergeyevna Luchkina
05/06/1990
Stasyuk Olga Andreyevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
29/10/2018
21/01/2019
6,250
23607/18
04/05/2018
Yevgeniy Aleksandrovich Shmargilov
15/11/1980
Morozova Natalya Mikhaylovna
Rodniki
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
14/01/2019
15/07/2019
9,225
25986/18
18/05/2018
Adam Lechiyevich Masayev
09/05/1987
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
11/03/2019
30/04/2019
2,460
28043/18
28/05/2018
Viktoriya Yevgenyevna Lebedeva
26/10/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/01/2019
21/03/2019
5,250
28441/18
31/05/2018
Giorgiy Gelovich Kachibaya
24/05/1998
Malkova Aliya Damirovna
Rodniki
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
11/03/2019
23/07/2019
2,825
28712/18
05/06/2018
Aleksandr Valeryevich Pogudin
09/08/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
09/01/2019
15/03/2019
10,350
30357/18
10/06/2018
Andrey Viktorovich Delyagin
17/11/1972
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention during transport - transport between IZ-47/1
St Petersburg and the Moskovskiy District Court of St Petersburg on many occasions; overcrowding
25/01/2019
03/04/2019
7,525
30477/18
19/06/2018
Dorzhi Batorovich Sambuyev
30/04/1988
Smirnova Anna Vladimirovna
St Petersburg
25/01/2019
29/03/2019
4,285
31116/18
11/06/2018
Mikhail Vladimirovich Lvov
01/11/1984
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport and detention;
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport from the detention facility to the courthouse in an overcrowded van.
25/01/2019
02/04/2019
8,650
31167/18
10/06/2018
Sergey Viktorovich Shutylev
24/04/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
25/01/2019
03/04/2019
6,525
31270/18
22/06/2018
Yuriy Pavlovich Artokhin
17/09/1986
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention
11/03/2019
30/04/2019
7,650
33965/18
22/06/2018
Aleksey Aleksandrovich Berezin
07/04/1992
18/02/2019
08/04/2019
7,650
[i]. Plus any tax that may be chargeable to the applicants.
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