THIRD SECTION
DECISION
Application no. 48901/18
Vladimir Aleksandrovich SULDIN against Russia
and 8 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 9 July 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, 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 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 5 § 3 of the Convention concerning the excessive length of pre-trial 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 excessive length of pre-trial 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 as regards the complaints concerning the excessive length of pre-trial detention and the other complaints under the well-established case-law indicated in the appended table.
The applicant in application no. 27240/19 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. 27240/19 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 as regards the complaints concerning the excessive length of pre-trial detention and the other complaints under the well-established case-law indicated in the appended table;
Declares the remainder of application no. 27240/19 inadmissible.
Done in English and notified in writing on 30 July 2020.
Liv TigerstedtAlena Poláčková
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
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 acceptance
Amount awarded for pecuniary
non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
48901/18
08/10/2018
Vladimir Aleksandrovich SULDIN
11/10/1976
Mazitov Marat Farukovich
Moscow
Art. 3 - inadequate conditions of detention during transport by vans on numerous occasions between the detention facility and the courthouse from 20/12/2017 to 07/09/2018 and by vans and trains on 16-19/01/2019; overcrowding, lack of safety equipment, lack of or insufficient electric light, lack of fresh air, inadequate temperature, handcuffing during transportation, passive smoking, no or restricted access to potable water, lack or insufficient quantity of food;
Art. 13 - lack of any effective remedy in domestic law to complain about inadequate conditions of detention during transport.
18/03/2020
27/05/2020
4,500
24781/19
22/04/2019
Aleksandr Andreyevich SHEVCHENKO
15/10/1997
18/03/2020
20/05/2020
1,800
26877/19
11/05/2019
Ruslan Tazhirovich NAZAROV
09/12/1988
Golub Olga Viktorovna
Suzemka
Art. 3 - inadequate conditions of detention in IZ-77/1 and SIZO-12 Moscow from 24/09/2018 to 13/02/2019; inadequate temperature, constant electric light, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding;
Art. 5 (4) - excessive length of judicial review of detention - appeal lodged on 28/11/2018 was only examined on 24/01/2019 - more than 21 days later;
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport in a van on a number of occasions between 23/09/2018 and 13/02/2019
18/03/2020
28/05/2020
4,460
27142/19
20/05/2019
Aleksandr Sergeyevich IVANOV
30/05/1975
Tonkonog Aleksandr Nikolayevich
Moscow
18/03/2020
28/05/2020
1,500
27240/19
16/04/2019
Maksim Vladislavovich POLSKIY
10/02/1992
Art. 3 - inadequate conditions of detention during transport in a prison van on multiple occasions from 14/10/2016 and pending, cramped conditions; restricted access to toilet; lack of fresh air
18/03/2020
20/05/2020
4,000
28507/19
28/04/2019
Azat Albertovich NUGAYEV
24/07/1984
Golub Olga Viktorovna
Suzemka
Art. 5 (4) - excessive length of judicial review of detention - the detention order of 03/12/2018 was upheld on appeal on 24/01/2019 (49 days after the appeal had been lodged on 05/12/2018); the detention order of 01/03/2019 was upheld on appeal on 23/05/2019 (79 days after the appeal had been lodged on 04/03/2019);
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention during transport and in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention during transport in a van on multiple occasions from 30/10/2017 onwards;
Art. 3 - inadequate conditions of detention in IZ-77/6 Moscow from 29/09/2017 to 30/03/2019; less than 2 sq. m of personal space, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to shower, no hygiene items provided, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of privacy for toilet.
18/03/2020
27/05/2020
10,300
29870/19
30/05/2019
Anna Aleksandrovna ZAYTSEVA
24/10/1984
Avanesyan Aleksey Viktorovich
Krasnodar
18/03/2020
22/05/2020
500
43672/19
05/08/2019
Vadim Nikolayevich CHERNYSHEV
19/04/1982
Bessonov Oleg Mikhaylovich
Lipetsk
18/03/2020
04/06/2020
1,200
46555/19
22/07/2019
Konstantin Sergeyevich LUSHKIN
07/03/1987
18/03/2020
10/06/2020
1,350
[1] Plus any tax that may be chargeable to the applicants.
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