THIRD SECTION
DECISION
Application no. 11582/17
Igor Vasilyevich SADKOV against Russia
and 13 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 5 March 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, 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 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.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions 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 declarations 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 as regards the complaints concerning the inadequate conditions of detention and the other complaints under the well-established case-law (see appended table), as covered by the unilateral declarations of the Government.
The applicants in applications nos. 11582/17, 69403/17, 22426/18 and 23755/18 also raised complaints under Article 3 of the Convention concerning the inadequate conditions of detention during different periods of detention.
The Court has examined those complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of applications nos. 11582/17, 69403/17, 22426/18 and 23755/18 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention and the other complaints under the well-established case-law (see appended table), as covered by the Government’s declarations;
Declares the remainder of applications nos. 11582/17, 69403/17, 22426/18, and 23755/18 inadmissible.
Done in English and notified in writing on 26 March 2020.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
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]
11582/17
29/01/2017
Igor Vasilyevich SADKOV
06/02/1978
Stasyuk Olga Andreyevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
09/09/2019
07/11/2019
6,250
52786/17
07/11/2017
Andrey Pavlovich VELIKANOV
11/07/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/07/2018
12/11/2018
2,460
69403/17
03/09/2017
Aleksey Viktorovich FILKOV
24/04/1981
03/04/2018
29/05/2018
4,650
77180/17
25/06/2018
Yakov Vitalyevich BOGDANOV
16/06/1997
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
18/02/2019
24/04/2019
6,975
79673/17
10/11/2017
Aleksandr Ivanovich ISAYEV
26/01/1963
Kuleba Aleksandr Petrovich
St Petersburg
15/01/2019
26/03/2019
8,000
9671/18
06/02/2018
Dmitriy Aleksandrovich TYDNYUK
23/04/1987
Vtorushin Nikolay Aleksandrovich
Tyumen
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was placed in metal cages in Khanty-Mansiysky District Court of Khanty-Mansiysky Region from 24/12/2014 to 17/08/2017
12/03/2019
18/04/2019
11,993
12296/18
06/02/2018
Aleksandr Yuryevich ANTONOV
20/08/1988
12/03/2019
18/04/2019
5,175
18078/18
05/03/2018
Konstantin Viktorovich VORONOV
28/12/1983
Vtorushin Nikolay Aleksandrovich
Tyumen
12/03/2019
18/04/2019
8,100
22426/18
20/04/2018
Aleksandr Gennadyevich SMIRNOV
10/06/1981
30/10/2018
25/01/2019
2,260
23755/18
09/04/2018
Ilgiz Ravilevich SADYKOV
01/05/1989
30/10/2018
06/02/2019
1,895
23760/18
20/04/2018
Efren Gebregivorgis ABREKHAM
11/05/1994
30/10/2018
06/02/2019
3,620
26300/18
29/05/2018
Andrey Nikolayevich KALUGIN
16/04/1960
Lobanova Olga Viktorovna
St Petersbourg
10/01/2019
27/03/2019
8,750
30384/18
14/06/2018
Igor Sergeyevich KNYAZEV
31/01/1992
Vtorushin Nikolay Aleksandrovich
Tyumen
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in metal cages at pre-trial and trial hearings before the Tsentralnyy District Court of Tyumen until the conviction on 04/12/2017.
12/03/2019
18/04/2019
4,147
30590/18
01/06/2018
Andrey Aleksandrovich GREBENNIKOV
10/03/1976
25/01/2019
10/05/2019
3,528
[1]. Plus any tax that may be chargeable to the applicants.
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