THIRD SECTION
DECISION
Application no. 11590/18
Pavel Nikolayevich PATSUKOV against Russia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 21 March 2019 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 during transport were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 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 during transport. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by Article 13 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 11 April 2019.
Liv TigerstedtAlena 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]
11590/18
20/02/2018
Pavel Nikolayevich Patsukov
08/12/1981
26/09/2018
26/11/2018
1,000
12567/18
23/01/2018
Ilya Sergeyevich Bashlykov
23/02/1989
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
26/09/2018
25/10/2018
1,000
13880/18
02/03/2018
Aleksandr Vasilyevich Govorov
10/07/1977
26/09/2018
01/11/2018
1,000
14145/18
12/03/2018
Anatoliy Borisovich Belov
20/12/1970
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
09/10/2018
17/12/2018
1,000
16139/18
18/03/2018
Azizbek Abduvakhob ugli Saidov
12/10/1990
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
08/01/2019
1,000
17653/18
12/03/2018
Sergey Nikolayevich Gavrilov
24/10/1981
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
20/12/2018
1,000
21016/18
02/04/2018
Aleksandr Olegovich Ebingard
25/11/1988
Andreyev Ashot Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
23/01/2019
1,000
21550/18
30/03/2018
Aleksey Valeryevich Shchemilov
30/03/1968
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
21/01/2019
1,000
22011/18
18/04/2018
Roman Vitalyevich Remeshevskiy
20/04/1983
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
22/01/2019
1,000
22141/18
28/04/2018
Vladimir Ivanovich Tarasenkov
24/12/1956
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport
16/10/2018
22/01/2019
1,000
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy