THIRD SECTION
DECISION
Application no. 38417/11
Ramzan Shamsudinovich MALAYEV against Russia
and 6 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 25 March 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, 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 Article 13 of the Convention (see the appended table).
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 15 April 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
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]
38417/11
28/05/2011
Ramzan
Shamsudinovich MALAYEV
1962
Fomina Yevgeniya Anatolyevna
Moscow
25/09/2020
29/09/2020
6,000
75632/11
14/10/2011
Olga Ivanovna ZBORSHCHIK
1974
Kuzminykh Konstantin Sergeyevich
St Petersburg
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
25/09/2020
25/09/2020
6,000
21283/13
28/02/2013
Roman
Aleksandrovich DIKAN
1984
Mezak Ernest Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
25/09/2020
15/10/2020
6,000
48751/14
01/09/2014
Ruslan Anatolyevich BASARGIN
1978
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
25/09/2020
05/10/2020
6,000
6970/20
15/01/2020
AND
15592/20
21/02/2020
Household
Roman Yuryevich LEDENEV
1980
Irina Andreyevna LEDENEVA
1982
Tamara Anatolyevna LEDENEVA
1959
Korneyev Aleksey Igorevich
Bryansk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
22/01/2021
14/01/2021
6,000
13060/20
13/04/2020
Sergey Vladimirovich TRUDNEV
1963
27/10/2020
20/01/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
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