THIRD SECTION
DECISION
Application no. 77395/14
Pavel Petrovich MALTSEV (MOZGIN) against Russia
and 6 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 17 December 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, 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 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 other provisions of the Convention.
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 21 January 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
Acting 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]
77395/14
17/03/2015
Pavel Petrovich MALTSEV (MOZGIN)
1964
Kolesnikov Igor Yuryevich
Pyatigorsk
25/09/2020
05/08/2020
6,000
33977/18
28/06/2018
(4 applicants)
Household
Dmitriy Sergeyevich SEDOV
1985
Dmitriy Ivanovich RYAZANTSEV
1922
Avgustina Likarionovna RYAZANTSEVA
1930
Natalya Dmitriyevna SEDOVA
1959
Sergeyeva Irina Vadimovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
01/12/2020
24/08/2020
6,000
34547/18
09/07/2018
Dmitriy Gennadyevich BULKIN
1981
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport;
Art. 3 - inadequate conditions of detention during transport - transport by train on 07/01-10/01/2018; overcrowding.
01/12/2020
03/07/2020
7,800
36736/18
24/12/2018
Sergey Aleksandrovich SMOLNIKOV
1981
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
01/12/2020
07/09/2020
6,000
40473/18
06/03/2019
Denis Vladimirovich GORBUNOV
1985
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
01/12/2020
06/07/2020
6,000
58422/19
23/10/2019
Viktor Vladimirovich ZHILINSKIY
1989
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention during transport - transport by van in a "glass compartment" on 21/08/2019; 0.2 sq. m of personal space.
01/12/2020
28/07/2020
7,800
1800/20
03/01/2020
(4 applicants)
Household
Aleksey Igorevich KORNEYEV
1990
Igor Ivanovich KORNEYEV
1971
Irina Valeryevna KORNEYEVA
1970
Valeriy Grigoryevich PODYMOV
1941
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
01/12/2020
06/07/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.
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