THIRD SECTION
DECISION
Application no. 10232/17
Yuriy Leonidovich PONKRASHKIN against Russia
and 4 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 § 1 of the Convention concerning the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities 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 (see the appended table).
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
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
No.
Application no.
Date of introduction
Applicant’s name
Year 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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
10232/17
22/03/2017
Yuriy Leonidovich PONKRASHKIN
1971
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention after conviction – IK‑34 Krasnoyarsk Region since 18/12/2014,
overcrowding, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities.
15/01/2021
29/01/2021
10,000
40919/18
22/11/2018
Sergey Albertovich POPONIN
1980
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of conditions during transport,
Art. 3 - inadequate conditions of detention during transport - conditions of transport between 12/01/2018 and 17/12/2019;
train, van, transit cells: no or restricted access to toilet, insufficient number of sleeping places, lack of fresh air, inadequate temperature, overcrowding, no or restricted access to warm water, restricted access to food,
Art. 3 - inadequate conditions of detention after conviction - detention in IK-29 Kirov Region, since 05/02/2017 and pending;
less than 3 sq. m of personal space; lack of or insufficient natural light, lack of fresh air, strong smell of paint, no or restricted access to warm water, poor quality of food, no or restricted access to running water, no or restricted access to shower.
15/01/2021
29/01/2021
8,000
45201/18
21/09/2018
Aleksandr Vasilyevich KASARAKIN
1970
Igor Borisovich SLESAREV
1969
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention after conviction - detention of the two applicants:
IK-8 Buryatiya Republic (the first applicant)
01/12/2010 - pending
More than 9 year(s) and 5 month(s) and 28 day(s)
IK-78 Buryatiya Republic (the second applicant)
01/04/2012 - pending
More than 8 year(s) and 1 month(s) and 28 day(s)
100 inmates, 1.5 - 2.8 sq m of personal space; lack of fresh air, inadequate temperature, overcrowding, no or restricted access to toilet, no or restricted access to shower.
19/11/2020
24/02/2021
11,000
to each applicant
14528/19
05/06/2019
Sergey Sergeyevich LOBETSKIY
1988
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of video surveillance in the colony,
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region since 11/04/2018 and on-going; 2 sq m of personal space; lack of privacy for toilet, no or restricted access to toilet, poor quality of food.
15/01/2021
29/01/2021
6,000
40276/19
17/07/2019
Andrey Dmitriyevich DOROSHENKO
1990
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region; from 07/02/2018 to 13/07/2019,
2.5 sq m of personal space; lack of fresh air, passive smoking, overcrowding, lack of or insufficient physical exercise in fresh air.
19/11/2020
02/03/2021
5,000
[1] Plus any tax that may be chargeable to the applicants.
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