FIRST SECTION
DECISION
Applications nos. 49956/07 and 18910/09
Aleksandr Sergeyevich REZACHKIN against Russia
and Aleksandr Aleksandrovich GALYUS against Russia
The European Court of Human Rights (First Section), sitting on 25 August 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 31 March 2008 and 4 December 2008 respectively,
Having regard to the declarations submitted by the Government and the applicants’ acceptance of their terms,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Aleksandr Sergeyevich Rezachkin, is a Russian national, who was born in 1983 and is detained in Spiridonovka.
The applicant in the second case, Mr Aleksandr Aleksandrovich Galyus, is a Russian national, who was born in 1981 and lives in Priozersk.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicants complained under Article 3 of the Convention about the conditions of their detention in Russian penitentiary facilities.
By letters submitted on various dates, the Government informed the Court that they proposed to make a declaration with a view to resolving the issue raised by the applications. They acknowledged that the applicants had been “detained in the conditions which did not comply with the requirements of Article 3 of the Convention” and stated their readiness to pay the following amounts to the applicants as just satisfaction: 9,440 euros (EUR) to Mr Rezachkin and EUR 4,610 to Mr Galyus. The payment was to cover any pecuniary and non-pecuniary damage, together with any costs and expenses incurred, as well as any tax that may be chargeable. It would be effected within a period of three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that period, the Government undertook to pay simple interest on it, from 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 would constitute the final resolution of the cases.
In their letters of different dates, the applicants informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and consider them 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 its Protocols 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 them out of its list of cases pursuant to Article 39 of the Convention.
Done in English and notified in writing on 17 September 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy