THIRD SECTION
DECISION
Application no. 25013/17
Yevgeniy Leonidovich RYBALKO against Russia
and 14 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 4 April 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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 during transport were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 of the Convention.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They acknowledged the inadequate conditions of detention during transport. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by Article 13 of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.
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 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 the Protocols thereto and finds no reasons to justify the 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 9 May 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant’s name
Date 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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
25013/17
15/03/2017
Yevgeniy Leonidovich Rybalko
19/05/1974
27/03/2018
17/05/2018
1,000
54571/17
20/07/2017
Maksim Aleksandrovich Lapko
19/07/1979
27/03/2018
27/04/2018
1,000
59996/17
07/08/2017
Vurgun Gulmirzayevich Kuliyev
29/05/1974
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
27/03/2018
09/05/2018
1,000
62567/17
03/08/2017
Aleksandr Nikolayevich Smirnov
22/08/1983
Vinogradov Aleksandr Vladimirovich
Kostroma
27/03/2018
09/05/2018
1,000
70565/17
07/09/2017
Petr Petrovich
Neprin
12/04/1969
27/03/2018
19/06/2018
1,000
5517/18
11/01/2018
Denis Anatolyevich Korablev
06/04/1984
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
17/09/2018
08/11/2018
1,000
5887/18
09/01/2018
Yuriy Yuryevich Kazaryan
21/07/1969
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
17/09/2018
12/11/2018
1,000
6589/18
11/01/2018
Aleksandr
Fedorovich Burik
23/06/1976
17/09/2018
26/11/2018
1,000
6606/18
15/01/2018
Sergey Vladimirovich Sukhov
18/04/1980
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
17/09/2018
26/02/2019
1,000
6653/18
12/12/2017
Aleksey Nikolayevich Podyachev
20/06/1977
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
17/09/2018
30/11/2018
1,000
9946/18
01/02/2018
Konstantin Ivanovich Vokuyev
01/07/1986
Kovaleva Yana Viktorovna
Kazan
19/09/2018
13/11/2018
1,000
12006/18
28/02/2018
Yevgeniy Yuryevich Kotrutsa
26/09/1988
Malinin Andrey Anatolyevich
Pechora
19/09/2018
12/11/2018
1,000
12886/18
19/02/2018
Sergey Vladimirovich Sukhov
18/04/1980
Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport
19/09/2018
09/11/2018
1,000
14268/18
13/03/2018
Nikolay Alekseyevich Mamontov
05/10/1978
Malinin Andrey Anatolyevich
Pechora
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
19/09/2018
09/11/2018
1,000
22738/18
28/04/2018
Umedzhon Muminovich Makhkamov
19/01/1988
Art. 13 - lack of any effective remedy in domestic law – to complain about inadequate conditions of transport
16/10/2018
15/01/2019
1,000
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy