THIRD SECTION
DECISION
Application no. 68273/16
Mikhail Anatolyevich SHCHERBININ against Russia
and 8 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 9 September 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, 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 8 § 1 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 Court received the friendly-settlement declarations, signed by 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 30 September 2021.
{signature_p_2}
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
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 / household
(in euros)[1]
68273/16
09/11/2016
Mikhail Anatolyevich SHCHERBININ
1985
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility
03/07/2020
17/05/2021
6,000
13151/18
29/01/2018
Vladimir Yuryevich SHEYKHET
1984
Egle
Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility
01/12/2020
17/05/2021
6,000
1002/19
17/01/2019
and
29196/20
10/06/2020
Household
Aleksey Nikolayevich LOBANOV
1982
Tamara Aleksandrovna LOBANOVA
1955
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and inadequate conditions of detention
Art. 3 - inadequate conditions of detention after conviction - IK-8, Komi Republic from 09/12/2016 to 07/12/2020
15/02/2021
14/04/2021
6,000
4890/19
28/12/2018
Roman Aleksandrovich GORYUNOV
1988
Egle Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility
01/12/2020
17/05/2021
6,000
48443/19
26/08/2019
Vladislav Raisovich GADELSHIN
1982
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and inadequate conditions of detention
Art. 3 - inadequate conditions of detention after conviction - IK-8, Komi Republic from 09/12/2016 to 29/12/2020
29/04/2021
21/04/2021
8,500
25138/20
20/10/2020
Aleksey Valentinovich SPIRIDONOV
1995
25/05/2021
12/03/2021
6,000
35830/20
21/09/2020
Anton Sergeyevich VYLTSAN
1988
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility
25/05/2021
12/03/2021
6,000
50068/20
19/10/2020
Galina Aleksandrovna BOBROVA
1958
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
25/05/2021
15/04/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
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