THIRD SECTION
DECISION
Application no. 36108/10
Boris Samuilovich SHAFRAY against Russia
and 12 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 September 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Hasan Bakırcı, 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 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 insofar as they relate to the inadequate conditions of detention.
The applicant in case no. 45483/14 also raised other complaints under various articles of the Convention. The Court has examined these 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, these complaints 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 application no. 45483/14 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 insofar as they concern the inadequate conditions of detention;
Declares the remainder of application no. 45483/14 inadmissible.
Done in English and notified in writing on 6 October 2016.
Hasan BakırcıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
Representative 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)[i]
36108/10
06/05/2010
Boris Samuilovich
SHAFRAY
06/10/1951
04/02/2016
27/07/2016
5,250
55232/10
11/08/2010
Andrey Aleksandrovich ODINTSOV
24/07/1972
04/02/2016
29/06/2016
3,500
55601/10
23/08/2010
Sergey Igorevich
ZYABKOV
31/12/1982
04/02/2016
06/07/2016
3,500
67588/11
21/09/2011
Vitaliy Pavlovich
VOROBYEV
19/11/1983
18/03/2016
08/07/2016
8,125
35064/14
15/10/2014
Nikolay Vasilyevich VASILYEV
17/11/1954
04/02/2016
01/07/2016
3,880
38036/14
11/08/2014
Vasiliy Aleksandrovich ANISIMOV
13/09/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
18/03/2016
28/07/2016
6,875
45483/14
21/05/2015
Dmitriy Sergeyevich KLYKANOV
14/09/1978
18/03/2016
07/07/2016
11,875
63817/14
27/10/2014
Eduard Nikolayevich DRUGOV
13/03/1977
Art. 13 - lack of any effective remedy in domestic law
04/02/2016
20/07/2016
4,155
74590/14
15/11/2014
Boris Vladimirovich DOSTOVALOV
06/08/1979
Denisov Vyacheslav Yuryevich
Novosibirsk
04/02/2016
12/07/2016
8,375
18199/15
07/04/2015
Viktor Vasilyevich
TRIFONOV
30/08/1984
Budkevich Tatyana Georgiyevna
Pervouralsk
04/02/2016
07/07/2016
7,375
26208/15
27/04/2015
Stanislav Nikolayevich BULATOV
06/10/1977
18/03/2016
13/07/2016
7,875
34121/15
17/06/2015
Olga Yevgenyevna
ZAGIROVA
04/09/1971
Vorotyntsev Dmitriy
Rostov-na-Donu
18/03/2016
01/07/2016
10,500
46215/15
10/09/2015
Arseniy Yuryevich MIROSHNICHENKO
13/01/1990
18/03/2016
21/07/2016
16,375
[i] Plus any tax that may be chargeable to the applicants.
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