THIRD SECTION
DECISION
Application no. 23316/12
Aleksey Valeryevich LYAYS against Russia
and 5 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 February 2020 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 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”).
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 excessive length of pre-trial detention. 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 excessive length of pre-trial detention, as indicated in the declarations submitted by the Government.
The applicant in application no. 52135/18 also complained about the length of another period of detention.
The Court has examined this complaint and considers that, in the light of all the material in its possession, it does 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 application no. 52135/18 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 excessive length of pre-trial detention, as indicated in the declarations submitted by the Government;
Declares the remainder of application no. 52135/18 inadmissible.
Done in English and notified in writing on 5 March 2020.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
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]
23316/12
21/03/2012
Aleksey Valeryevich LYAYS
16/02/1978
15/07/2019
10/09/2019
1,550
24561/18
07/05/2018
Aleksey Vladimirovich MANUKIN
08/12/1975
Logvinov Yuriy Nikolayevich
Rostov-na-Donu
25/01/2019
28/03/2019
2,100
48706/18
26/09/2018
Danil
Fedorovich IBRAGIMOV
28/10/1990
03/07/2019
28/08/2019
3,000
50304/18
06/10/2018
Vladimir
Sergeyevich IVASHCHENKO
05/06/1987
Nikolayev Dmitriy Konstantinovich
Moscow
03/07/2019
11/09/2019
1,200
52135/18
31/10/2018
Andrey
Vladimirovich MAKUSHCHENKO
24/06/1983
Igolnikova Valentina Aleksandrovna
Abakan
03/07/2019
30/08/2019
3,500
54413/18
05/11/2018
Yuliya
Viktorovna AMAYEVA
24/04/1975
Yezerskiy Aleksey Vladimirovich
Samara
03/07/2019
02/09/2019
5,050
[i]. Plus any tax that may be chargeable to the applicants.
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