FIRST SECTION
DECISION
Application no. 15338/06
Andrey Vladimirovich OKHAPKIN against Russia
and fifteen other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 17 June 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on the dates listed in the appendix,
Having regard to the declarations submitted by the Government and the applicants’ acceptance of their terms,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. The applicants complained, in particular, about the conditions of their detention in Russian penitentiary facilities, the conditions of their transport, and an excessive length of their detention on remand.
4. By letters submitted on various dates, the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the applications. They acknowledged that the applicants had been detained or transported in the conditions which did not comply with the requirements of Article 3 of the Convention, and that the length of certain applicants’ detention had been excessive in the light of the requirements of Article 5 § 3 of the Convention. The Government stated their readiness to pay the following amounts to the applicants as just satisfaction: 3,500 euros (EUR) to Mr Okhapkin, EUR 4,805 to Mr Rasskazov, EUR 4,090 to Ms Molkova, EUR 9,940 to Mr Maksimov, EUR 15,940 to Mr Ibragimov, EUR 4,500 to Mr Safarov, EUR 8,125 to Mr Deryugin, EUR 14,500 to Mr Inozemtsev, EUR 7,475 to Mr Belous, EUR 4,000 to Mr Fazlutdinov, EUR 4,200 to Mr Filippov, EUR 4,740 to Mr Kravchenko, EUR 5,750 to Mr Kundilovskiy, EUR 6,077 to Mr Ryzhkov, EUR 3,500 to Mr Sokolov, and EUR 4,675 to Mr Shestakov. The payment was to cover any pecuniary and non-pecuniary damage, together with any costs and expenses incurred, as well as any tax that may be chargeable. It would be effected within a period of three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that period, the Government undertook to pay simple interest on it, from 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 would constitute the final resolution of the cases.
5. In their letters of different dates, the applicants informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
6. Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and examine them in a single decision.
7. The Court considers that the applicants’ agreement to the terms of the declarations made by the Government shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia (dec.), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey (dec.), no. 8243/08, 5 June 2012).
8. The Court 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 its Protocols and finds no reasons to justify a continued examination of the applications.
9. In view of the above, it is appropriate to strike the cases out of the list in accordance with Article 39 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.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
15338/06
28/02/2006
Andrey Vladimirovich OKHAPKIN
10/09/1981
Severniy
18533/06
14/03/2006
Vladimir Valeryevich RASSKAZOV
03/11/1979
Schuya
42913/06
03/10/2006
Zinaida Nikiforovna MOLKOVA
07/11/1967
Cheboksary
Nikolay Anatolyevich MULYAKOV
10855/07
20/01/2007
Aleksandr Yuryevich MAKSIMOV
26/05/1969
Bor
Sergey Ivanovich KIRYUKHIN
23258/07
07/04/2007
Rushan Zubairovich IBRAGIMOV
07/01/1963
Astrakhan
Margarita Vladimirovna GORDEYEVA
47545/08
04/10/2008
Marufkhodzha Ismoilovich SAFAROV
17/06/1962
Ocher
Boris Ivanovich PONOSOV
49410/08
03/09/2008
Aleksandr Viktorovich DERYUGIN
21/09/1981
Zamishevo
Viktor Petrovich GAVRILENKO
49555/08
20/08/2008
Mikhail Yuryevich INOZEMTSEV
01/06/1983
Orenburg
7022/10
05/01/2010
Aleksandr Sergeyevich BELOUS
01/01/1981
Yekaterinburg
51206/10
17/06/2010
Ruslan Rustamovich FAZLUTDINOV
13/07/1985
Ivanayevo
5361/12
27/12/2011
Dmitriy Anatolyevich FILIPPOV
24/11/1985
Tomsk
9062/12
11/01/2012
Maksim Valeryevich KRAVCHENKO
21/12/1982
St Petersburg
17746/12
24/01/2012
Eduard Vitalyevich KUNDILOVSKIY
24/10/1977
Bataysk
20146/12
16/03/2012
Aleksandr Vladimirovich RYZHKOV
24/05/1983
St Petersburg
Aleksey Vladimirovich DOBRODEYEV
34302/12
14/12/2007
Vladimir Nikolayevich SOKOLOV
26/04/1957
Startsevo
59398/12
30/07/2007
Yuriy Gennadyevich SHESTAKOV
18/06/1979
Perm
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