THIRD SECTION
DECISION
Application no. 20044/17
Aleksandr Andreyevich LUKOYANOV against Russia
and 19 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 during the periods covered by the declarations. 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 this part 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 Government’s declarations, as well as other the complaints under the well-established case-law covered by the same declarations (see appended table).
The applicants also raised other complaints under various articles of the Convention.
The Court has examined the applications listed in the appended table 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 meet the admissibility criteria set out in Articles 34 and 35 of the Convention or 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 applications 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 concern the complaints about the inadequate conditions of detention, as well as the other complaints under the well-established case-law, insofar as covered by the declarations (see appended table);
Declares the remainder of the applications 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]
20044/17
25/02/2017
Aleksandr Andreyevich Lukoyanov
06/07/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
17/10/2017
27/11/2017
6,750
20227/17
28/02/2017
Viktor Viktorovich Goryunov
01/10/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
17/10/2017
11/12/2017
5,250
27376/17
23/05/2017
Nikita Viktorovich Tyutyunik
26/01/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/01/2018
20/04/2018
3,190
34037/17
23/03/2017
Vitaliy Timofeyevich Pushkarev
23/03/1989
02/01/2018
07/03/2018
7,750
34353/17
21/04/2017
Andrey Vladimirovich Manukhin
08/02/1984
02/01/2018
02/03/2018
4,285
34914/17
29/04/2017
Fatima Kazbekovna Nayfonova
15/01/1979
Bezrukova Kseniya Yevgenyevna
Moskow
Art. 13 lack of any effective remedy in respect of inadequate conditions of detention
Art. 5 (4) - excessive length of judicial review of detention - lack of a speedy examination of the detention orders of 16/11/2016 and 16/02/2017,
Art. 5 (3) - excessive length of pre-trial detention – the applicant was arrested on 20/05/2015 and detained on remand on 21/05/2015; the last detention order of 05/04/2017 extended her detention up to 24 months and 20 days.
16/01/2018
10/04/2018
10,000
39835/17
24/08/2017
Sergey Nikolayevich Samoylov
03/07/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
20/03/2018
16/05/2018
6,525
53755/17
29/06/2017
Dmitriy Eduardovich Skvortsov
17/11/1977
16/01/2018
25/04/2018
3,190
54221/17
21/06/2017
Dmitriy Aleksandrovich Shatilov
20/03/1975
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
13/02/2018
09/04/2018
8,000
54483/17
17/07/2017
Aleksandr Sergeyevich Postnikov
03/12/1982
16/01/2018
19/04/2018
1,000
59959/17
24/07/2017
Maksim Viktorovich Varakin
30/06/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
13/02/2018
09/04/2018
5,250
64303/17
19/01/2018
Vladimir Vladimirovich Kolosenko
08/02/1980
14/09/2018
27/11/2018
3,857
69654/17
25/07/2017
Dmitriy Anatolyevich Gavrilov
18/01/1974
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
20/03/2018
21/01/2019
7,200
77198/17
19/01/2018
Dmitriy Pavlovich Godarev
17/03/1996
10/09/2018
28/11/2018
2,460
77932/17
18/09/2017
Leonid Yevgenyevich Gushanskiy
26/08/1973
09/06/2018
12/11/2018
8,750
79362/17
31/10/2017
Aleksey Vladimirovich Pashin
17/10/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
13/09/2018
2,460
79596/17
26/12/2017
Aleksey Mikhaylovich Komandikov
14/05/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
21/09/2018
5,000
2076/18
07/11/2017
Sergey Viktorovich Pavlov
04/05/1992
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
10/09/2018
02/11/2018
4,725
7544/18
17/01/2018
Elvin Alekber Ogly Akhmedov
21/09/1984
10/09/2018
12/11/2018
6,300
9179/18
09/04/2018
Aleksandr Pavlovich Kiselev
07/01/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
19/02/2019
7,750
[i]. Plus any tax that may be chargeable to the applicants.
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