THIRD SECTION
DECISION
Application no. 14252/18
Anton Nikolayevich SOKHATSKIY against Russia
and 13 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 8 April 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 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 29 April 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 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]
14252/18
12/03/2018
Anton Nikolayevich SOKHATSKIY
1979
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility
03/07/2020
29/01/2021
6,000
52184/18
25/10/2018
Aleksandr Aleksandrovich REVKOV
1982
15/02/2021
20/01/2021
6,000
1859/19
18/12/2018
Shamil Kurmanovich CHEKKUYEV
1978
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and poor conditions of transport as well as in respect of allocation to a remote detention facility;
Art. 3 - inadequate conditions of detention during transport - transport by train and van and detention in transit facilities from 02/07 to 31/07/2018; 0.4 sq. m of personal space; no or restricted access to toilet, no or restricted access to potable water;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-1 and IK-31 Komi Republic since 31/08/2018, less than 2 sq. m of personal space; overcrowding, bunk beds, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, inadequate temperature, passive smoking, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, no or restricted access to shower, poor quality of potable water
15/02/2021
30/11/2020
7,800
38533/19
02/07/2019
Denis Nikolayevich SHAROV
1986
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/02/2021
03/12/2020
6,000
58353/19
01/04/2020
Aleksey Leonidovich KOLOBOV
1973
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/02/2021
15/12/2020
6,000
60953/19
28/10/2019
Aslan Yusupovich ELMURZAYEV
1982
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of allocation to a remote
detention facility;
Art. 3 - inadequate conditions of detention during transport - transport by train and van between 19/03/2019 and 06/05/2019 and then on 25/01/2020; 0.3 sq. m of personal space; lack of or insufficient natural light, lack of ventilation, lack of fresh air, no or restricted access to potable water, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places
15/02/2021
27/11/2020
7,000
4539/20
27/12/2019
AND
21208/19
02/04/2019
Household
Lyubov Leonidovna BASMANOVA
1955
Vladimir Karpovich BASMANOV
1945
Vladimir Vladimirovich BASMANOV
1982
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
03/09/2020
09/09/2020
6,000
13672/20
04/02/2020
Shamsutdin Magomedovich SAPARCHAYEV
1980
Isayev Ayndi Khamzatovich
Krasnoyarsk
15/02/2021
29/01/2021
6,000
13883/20
14/02/2020
Lyubov Vitalyevna KUCHULOVA
1954
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/02/2021
07/12/2020
6,000
24944/20
15/07/2019
Nataliya Sergeyevna DEMYANOVA
1976
Shaydullov Azat Zaydyatovich
Elban
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/02/2021
02/02/2021
6,000
25964/20
03/04/2020
Aleksandr Borisovich SAVCHUK
1977
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region since 29/01/2010; 1.1 - 2.4 sq. m of personal space;
overcrowding, lack of or inadequate hygienic facilities
15/02/2021
04/12/2020
7,800
27004/20
04/06/2020
Pavel Viktorovich PANKOV
1997
15/02/2021
02/12/2020
6,000
27191/20
06/04/2020
Yevgeniy Vladimirovich LAGODICH
1985
15/02/2021
02/12/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.
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