SECOND SECTION
DECISION
Application no. 51278/17
Ander SAGADI against Estonia
and 7 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 16 January 2020 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, 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 formal declarations accepting a friendly settlement of the cases,
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 Estonian Government (“the Government”). In application no. 51278/17, complaints based on the same facts were also communicated under Article 13 of the Convention.
The Court received the friendly-settlement declarations under which the applicants agreed to waive any further claims against Estonia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will 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 undertake 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 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 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 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 6 February 2020.
Liv TigerstedtIvana Jelić
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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[i]
51278/17
17/07/2017
Ander SAGADI
25/10/1965
Valdma Janek
Tallinn
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - The domestic courts’ failure to consider the applicant’s complaint regarding his detention from 09/11/2010 to 18/02/2012.
23/09/2019
15/10/2019
6,000
58729/17
03/08/2017
Georgi BARASKOV
05/02/1987
Piskunov Denis
Tallinn
23/09/2019
16/08/2019
5,500
61196/17
14/08/2017
Kalev LEINFELD
05/03/1953
Paas Raiko
Tallinn
23/09/2019
15/10/2019
7,000
77237/17
31/10/2017
Aleksei SARGAJEV
22/08/1969
Reiman Margus
Tallinn
23/09/2019
15/10/2019
8,500
81461/17
27/11/2017
Eduard GLUHHODID
27/04/1975
Kalmus Birje
Tartu
23/09/2019
15/10/2019
8,200
83407/17
04/12/2017
Margus REIMAN
30/04/1975
23/09/2019
15/10/2019
4,100
14382/18
15/03/2018
Andrei JARMAK
01/08/1970
Reiman Margus
Tallinn
23/09/2019
15/10/2019
8,000
41059/18
21/08/2018
Nikolai IVANTSHENKO
24/12/1964
Piskunov Denis
Tallinn
23/09/2019
16/08/2019
5,500
[i]. Plus any tax that may be chargeable to the applicants.
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