THIRD SECTION
DECISION
Application no. 40915/17
Aleksey Vitalyevich ILOVAYSKIY against Russia
and 12 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 Article 13 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 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 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]
40915/17
24/07/2017
Aleksey Vitalyevich Ilovayskiy
19/07/1979
13/02/2018
04/04/2018
5,000
48459/17
23/06/2017
Artem Gennadyevich Nikishayev
27/12/1988
Stepanov Aleksey Sergeyevich
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
23/01/2018
06/03/2018
5,000
78265/17
02/11/2017
Andrey Nikolayevich Kalinov
19/05/1979
22/05/2018
19/07/2018
4,500
80397/17
17/11/2017
Andrey Stanislavovich Lemeshev
19/08/1987
15/05/2018
13/07/2018
4,500
81788/17
23/10/2017
Gordey Igorevich Savelyev
22/08/1991
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
24/07/2018
25/09/2018
4,500
2081/18
22/12/2017
Anastasiya Alekseyevna Kozhevnikova
27/11/1984
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
26/11/2018
4,500
11594/18
08/02/2018
Ivan Valeryevich Podgornov
06/08/1994
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
26/11/2018
4,500
13062/18
28/02/2018
Eduard Viktorovich Sverchkov
07/03/1971
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/01/2019
12/03/2019
4,500
14144/18
13/02/2018
Murat Davmurzayevich Minglibayev
29/03/1968
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
18/04/2019
11/06/2019
6,525
14210/18
03/03/2018
Anatoliy Sergeyevich Shubin
08/09/1980
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
27/03/2018
03/05/2019
7,200
27002/18
28/05/2018
Erdyni Batorovich Darimayev
05/05/1963
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
25/01/2019
18/03/2019
4,500
36191/18
17/07/2018
Aleksandr Nikolayevich Bondarenko
13/11/1979
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/03/2019
18/04/2019
5,400
36255/18
09/07/2018
Nail Talgatovich Gabasov
18/03/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/03/2019
12/04/2019
4,612
[i]. Plus any tax that may be chargeable to the applicants.
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