THIRD SECTION
DECISION
Applications nos. 2196/17 and 2200/17
Maksim Vasilyevich ROGOZA against Russia
and Viktor Valeryevich SABLIN against Russia
The European Court of Human Rights (Third Section), sitting on 26 April 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Olga Chernishova, Deputy Section Registrar,
Having regard to the above applications lodged on 10 December 2016 and 20 December 2016 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant’s details are set out in the appended table.
2. The applicants complained under Article 34 of the Convention that they had been subjected to pressure by the administration of the correctional colony where they had been serving their prison sentences in connection with their grievances about the conditions of their detention raised in separate applications before the Court (application no. 41822/16 in respect of Mr Rogoza and applications nos. 24584/15 and 40467/16 in respect of Mr Sablin). Their complaints were communicated to the Government.
3. The Government submitted to the Registry their observations. The applicants submitted their observations in reply.
4. On 30 March and 14 December 2017 and 18 January 2018 the Court examined applications nos. 41822/16, 24584/15 and 40467/16. It found violations under Articles 3 and 13 of the Convention in the first and the third applications and awarded the applicants compensation of non-pecuniary damage, and struck the second application out of its list of cases on account of the parties’ having reached a friendly settlement.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
6. The Court observes that the applicants were able to successfully pursue their applications regarding the conditions of their detention despite the alleged violation of their right to individual petition under the Convention. They were able to regularly send and receive documents, without delay or hindrance. No evidence was provided by them to show otherwise and no complaints were raised on this account before the domestic authorities. In such circumstances, the Court believes that the matter has been resolved, within the meaning of Article 37 § 1 (b) of the Convention (see Kaftailova v. Latvia (striking out) [GC], no. 59643/00, § 48, 7 December 2007).
7. In the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court considers that it is no longer justified to continue the examination of the applications.
8. Accordingly, the cases should be struck 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.
Done in English and notified in writing on 19 May 2022.
Olga Chernishova Darian Pavli
Deputy Registrar President
No.
Application no.
Lodged on
Applicant
Year of birth
Place of residence
2196/17
10/12/2016
Maksim Vasilyevich ROGOZA
1985
Shara-Gorokhon
2200/17
20/12/2016
Viktor Valeryevich SABLIN
1976
Shara-Gorokhon