THIRD SECTION
DECISION
Application no. 28258/17
Aleksey Andreyevich MIKHAYLOV against Russia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 September 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, 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 acknowledged the inadequate conditions of 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 (see the appended table below for other complaints under the well-established case-law). 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 4 October 2018.
Liv TigestedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
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]
28258/17
30/08/2017
Aleksey Andreyevich Mikhaylov
01/02/1986
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention,
Art. 5 (3) - excessive length of pre-trial detention - Detention from the date of arrest on 21/12/2011 until the conviction on 29/07/2014 and then from 05/12/2014, the date when the conviction was quashed on appeal and the detention on remand was authorised, until 21/03/2017, the date of release
20/03/2018
11/05/2018
15,000
51604/17
08/10/2017
Andrey Anatolyevich Sokolov
04/10/1981
03/04/2018
17/05/2018
3,920
52639/17
25/08/2017
Roman Mikhaylovich Skazkin
10/06/1974
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention during transport - transport from St Petersburg to a colony in the Republic of Komi from 22/04/2017 to 06/05/2017
20/03/2018
09/05/2018
3,733
68986/17
27/07/2017
Mikhail Vasilyevich Zhukov
31/01/1987
Zhukov
Ivan Ivanovich
St Petersburg
20/03/2018
23/04/2018
7,425
70235/17
12/09/2017
Andrey Nikolayevich Pakhomov
24/07/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
20/03/2018
17/05/2018
6,525
71238/17
19/09/2017
Yan Timofeyevich Konstantinov
26/04/1997
03/04/2018
17/05/2018
10,000
71308/17
18/09/2017
Kabduali Ablayevich Zhanabekov
29/12/1999
20/03/2018
09/05/2018
5,000
71311/17
18/09/2017
Andrey Olegovich Parfenov
05/03/1999
20/03/2018
09/05/2018
5,000
73079/17
22/04/2017
Andrey Sergeyevich Gurov
23/04/1985
20/03/2018
03/05/2018
4,725
73661/17
29/09/2017
Sergey Yuryevich
Tushev
25/10/1986
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
03/04/2018
01/06/2018
10,750
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy