THIRD SECTION
DECISION
Application no. 13059/18
Artemiy Gennadyevich MAZUR against Russia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 28 May 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”). 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 excessive length of pre-trial detention. 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 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 18 June 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
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)[1]
13059/18
01/02/2018
Artemiy Gennadyevich MAZUR
15/07/1981
15/01/2020
06/03/2020
4,900
30595/18
01/06/2018
Vladimir Ivanovich KRAVTSOV
18/11/1983
25/01/2019
12/03/2019
2,300
33793/18
03/07/2018
Andrey Viktorovich LONIN
06/12/1996
29/05/2019
13/11/2019
2,700
50000/18
27/09/2018
Mikhail Aleksandrovich KUZMIN
05/01/1978
06/12/2019
27/02/2020
1,950
54482/18
02/08/2018
Aleksey Aleksandrovich YASHIN
27/02/1984
15/07/2019
30/09/2019
3,300
8527/19
28/12/2018
Yevgeniy Viktorovich TUMASHEV
01/04/1977
02/10/2019
14/02/2020
4,100
17336/19
14/03/2019
Aleksandr Olegovich SKIRDENKO
18/01/1979
Manyashin Valeriy Viktorovich
Belgorod
02/10/2019
10/01/2020
2,450
21052/19
10/04/2019
Yuriy Petrovich YURKOV
04/01/1982
Ayeshin Dmitriy Alekseyevich
Abakan
02/10/2019
28/11/2019
2,250
21644/19
11/04/2019
Andrey Valeryevich KUZNETSOV
01/10/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention in IZ-77/4 Moscow from 04/10/2016 to 07/01/2019; lack of fresh air, insufficient number of sleeping places, lack of privacy for toilet, no or restricted access to shower, infestation of cell with insects/rodents; less of 3 sq. m of personal space;
in IZ-4 Zlatoust from 09/01/2019 to 15/02/2019 in similar conditions as in Moscow,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms at numerous hearings in the Basmannyy District Court of Moscow; conviction on 15/10/2018,
Art. 3 - inadequate conditions of detention during transport on numerous occasions from the detention facility to take part in investigative actions and to the courthouses from 04/10/2016 to 25/11/2018; van, convoy cells; overcrowding, no or restricted access to toilet, lack of fresh air
02/10/2019
22/11/2019
10,550
23734/19
22/04/2019
Aleksandr Nikolayevich BUGAYEVSKIY
01/09/1973
Shutov Sergey Anatolyevich
Moscow
02/10/2019
02/12/2019
1,200
[1] Plus any tax that may be chargeable to the applicants.
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