THIRD SECTION
DECISION
Application no. 57893/18
Vladislav Mikhaylovich OLSHANSKIY and
Difina Galiyevna OLSHANSKAYA against Russia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 May 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, 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 10 June 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 § 1 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
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]
57893/18
27/11/2018
Household
Vladislav Mikhaylovich OLSHANSKIY
1970
Difina Galiyevna OLSHANSKAYA
1939
09/10/2020
09/03/2021
6,000
30649/19
27/05/2019
Eduard Eduardovich ORLOV
1978
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of poor conditions of transport;
Art. 3 - inadequate conditions of detention during transport - transport by train from 19 to 20/03/2019; insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-8 Komi Republic since 16/08/2019; 2 sq. m of personal space; lack of proper hygienic facilities; poor quality of bedding and food; etc.
09/10/2020
08/03/2021
7,800
48267/19
26/08/2019
Andrey Olegovich GOLUBITSKIY
1990
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of the placement of the applicant to a remote colony;
Art. 3 - inadequate conditions of detention during transport - transport by train from 19/03/2019 to 28/03/2019; bunk beds, inadequate temperature, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of requisite medical assistance, no or restricted access to potable water, no or restricted access to running water, no or restricted access to toilet, overcrowding, poor quality of food.
10/03/2021
05/01/2021
7,000
22448/20
27/04/2020
Aleksey Konstantinovich YEMELYANOV
1988
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
10/03/2021
08/03/2021
6,000
22942/20
07/05/2020
Household
Mariya Pavlovna KLEVTSOVA
1980
Yevgeniy Alekseyevich KLEVTSOV
1976
10/03/2021
20/01/2021
6,000
26310/20
01/04/2020
Pavel Vladimirovich YEMELYANOV
1983
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - in IK-29 Kirov Region since 24/05/2017, 1.5-1.9 sq. m per person, overcrowding, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, poor quality of potable water.
10/03/2021
10/02/2021
7,800
27914/20
13/05/2020
Household
Irina Nikolayevna ZHELEYKO
1959
Vladimir Vladimirovich ZHELEYKO
1987
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
10/03/2021
02/02/2021
6,000
34501/20
27/07/2020
Nikolay Nikolayevich BLIZNIKOV
1973
10/03/2021
12/01/2021
6,000
37016/20
04/08/2020
Pavel Andreyevich SHULGA
1989
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
10/03/2021
05/01/2021
6,000
43361/20
08/09/2020
Sergey Mikhaylovich TSOY
1972
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
10/03/2021
05/02/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
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