THIRD SECTION
DECISION
Application no. 26060/18
Yevgeniy Aleksandrovich PROKUDIN
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 2 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 10 September 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”). 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 applicant agreed to waive any further claims against Russia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.
THE LAW
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 application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 28 July 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
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
(in euros)[1]
26060/18
10/09/2018
Yevgeniy Aleksandrovich PROKUDIN
1994
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 and van, on 29/05/2018; lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, overcrowding;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - since 30/05/2018
IK-23 Irkutsk Region
Detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory/shower room.
15/01/2021
07/02/2022
10,000
[1] Plus any tax that may be chargeable to the applicant.