THIRD SECTION
DECISION
Applications nos. 11025/15 and 36656/19
Sergey Vasilyevich SEMENOV against Russia
and Vladislav Vasilyevich OSITNYANKO against Russia
The European Court of Human Rights (Third Section), sitting on 17 December 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, 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 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). In application no. 11025/15, complaints based on the same facts were also communicated under other provisions of the Convention (see the appended table).
The Court received the terms of the friendly settlement agreed between the parties, under which the applicants agreed to waive any further claims against Russia 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 converted into the currency of the respondent State at the rate applicable on the date of payment and 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 21 January 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Year 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)[1]
11025/15
14/02/2015
Sergey Vasilyevich SEMENOV
1977
Tatarnikova Olga Vitalyevna
Biysk
Art. 5 (4) - excessive length of judicial review of detention - judicial review of detention order of 15/10/2014 examined only on 25/12/2014; judicial review of detention order of 23/10/2014 examined only on 22/01/2015,
Art. 3 - inadequate conditions of detention - material conditions of detention in police ward “Biyskoe”, Biysk, Altaiy Region, and in IZ-22/2, Biysk, Altaiy Region,
Art. 8 – permanent video surveillance of detainees
25/09/2020
05/08/2020
3,400
36656/19
26/06/2019
Vladislav Vasilyevich OSITNYANKO
1992
10/04/2020
16/09/2020
1,800
[1] Plus any tax that may be chargeable to the applicants.
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