THIRD SECTION
DECISION
Application no. 28705/12
Aleksey Valeryevich POLOVINKIN against Russia
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 30 March 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Karen Reid, 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 3 of the Convention concerning the inadequate conditions of detention as well as other complaints under the provisions of the Convention were communicated to the Russian Government (“the Government”).
The Court received friendly-settlement declarations 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 as regards the complaints concerning the inadequate conditions of detention.
The applicants also raised other complaints under various articles of the Convention.
The Court has examined the applications listed in the appended table 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 the applications 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;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 4 May 2017.
Karen ReidLuis López Guerra
RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Other complaints under
well-established case-law
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[i]
28705/12
16/02/2012
Aleksey Valeryevich Polovinkin
29/01/1976
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
Art. 6 (1) - absence of detainees from civil proceedings - Civil claim against the penitentiary facility (non-pecuniary damage)
4/7/11 (Tverskoy District Court)
8/11/11 (Moscow City Court)
31/10/2016
2/11/2016
10,500
78291/12
12/11/2012
Sergey Olegovich Goryachkin
12/12/1982
Art. 6 (1) - absence of detainees from civil proceedings
31/10/2016
23/08/2016
4,951
24584/15
14/04/2015
Viktor Valeryevich Sablin
11/03/1976
Art. 6 (1) - absence of detainees from civil proceedings
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
31/10/2016
30/08/2016
5,000
[i] Plus any tax that may be chargeable to the applicants.
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