THIRD SECTION
DECISION
Application no. 47095/17
Aleksey Vladimirovich PEKAR against Russia
and 21 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 June 2019 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 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 further requested the Court to strike out the applications.
The Government 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. 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 respect of the complaints covered by the unilateral declarations.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention and the other complaints under the well-established case-law, as listed in the unilateral declarations of the Government.
The applicant in application no. 15012/18 also complained about the conditions of his detention in facilities and during periods different from those covered by the unilateral declaration submitted by the Government in his case.
The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of application no. 15012/18 must be rejected in accordance with Article 35 § 4 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 as regards the complaints concerning the inadequate conditions of detention, as listed in the unilateral declarations, as well as the other complaints under the well-established case-law (see the appended table);
Declares the remainder of application no. 15012/18 inadmissible.
Done in English and notified in writing on 11 July 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of 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)[i]
47095/17
11/12/2017
Aleksey Vladimirovich Pekar
13/01/1981
Biryukov Aleksey Sergeyevich
Elektrostal
Art. 3 - inadequate conditions of detention during transport - 40 times transfer to trial court, pending, 4-6 hours, 0.2 m2
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Solnechnegorsk Town Court: numerous detention and trial hearings during which the applicant was kept in a metal cage
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport and containment in a metal cage during court hearings
17/09/2018
02/11/2018
8,300
64419/17
02/04/2018
Andrey Dmitriyevich Prokofyev
06/08/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
25/01/2019
29/04/2019
3,528
83048/17
17/11/2017
Valeriy Vladislavovich Manuylov
01/01/1959
17/09/2018
30/11/2018
1,385
12925/18
06/06/2018
Oleg Viktorovich Petukhov
23/01/1992
25/01/2019
26/03/2019
2,825
14680/18
06/03/2018
Sergey Vladimirovich Petrov
13/06/1979
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
04/10/2018
18/04/2019
3,190
15012/18
12/03/2018
Igor Olegovich Artamonov
22/10/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
04/10/2018
27/11/2018
6,150
15144/18
23/05/2018
Vladimir Olegovich Logachev
26/06/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
25/01/2019
29/04/2019
1,365
16224/18
14/03/2018
Andrey Aleksandrovich Nazarov
02/06/1979
24/01/2019
14/03/2019
12,500
18070/18
10/03/2018
Ivan Viktorovich Makarskiy
09/01/1989
19/02/2019
12/04/2019
10,000
18129/18
12/03/2018
Nikolay Nikolayevich Fomin
23/02/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
05/02/2019
04/04/2019
3,355
18416/18
26/03/2018
Chingiz Faridovich Zimnurov
25/07/1988
10/01/2019
14/03/2019
4,750
18660/18
15/06/2018
Vyacheslav Aleksandrovich Firsov
17/11/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
25/01/2019
29/03/2019
9,225
19278/18
31/03/2018
Sergey Vladimirovich Tsarev
23/11/1979
Zvonkova Yelena Yuryevna
St Petersburg
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by van to take part in investigative actions or court hearings, sometimes in "glass" of 0.32 m², without ventilation, no light, dirty van, passive smoking, lack of toilet, overcrowding, no place for all persons during the period from 23/04/2015 to 23/10/2017,
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport and detention
09/01/2019
21/03/2019
13,500
21001/18
09/04/2018
Andrey Aleksandrovich Medvedev
09/07/1977
10/01/2019
18/03/2019
2,260
22225/18
23/04/2018
Georgiy Aleksandrovich Kolvakh
10/09/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
30/10/2018
15/01/2019
11,550
22243/18
13/04/2018
Pavel Anatolyevich Sorokin
25/05/1982
30/10/2018
22/01/2019
1,895
23664/18
03/05/2018
Valeriy Nikolayevich Pavlov
18/10/1970
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
30/10/2018
21/01/2019
13,500
26748/18
18/05/2018
Shamil Gadzhidibirovich Aliyev
26/05/1988
Korobeynikov Grigoriy Anatolyevich
St Petersburg
25/01/2019
15/03/2019
4,950
27504/18
27/04/2018
Aleksey Rostislavovich Bakhtin
02/07/1977
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/03/2019
26/04/2019
7,200
29566/18
05/06/2018
Nikolay Yuryevich Shevelev
09/07/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/03/2019
11/04/2019
4,285
30964/18
11/06/2018
Anton Dmitriyevich Zaslavskiy
12/06/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
25/01/2019
22/03/2019
2,095
31077/18
14/06/2018
Nikita Borisovich Myasnikov
20/02/1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
25/01/2019
18/03/2019
2,095
[i]. Plus any tax that may be chargeable to the applicants.
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