THIRD SECTION
DECISION
Application no. 46887/18
Amangeldy Sebepovich TELYUBAYEV against Russia
and 10 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 May 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 10 June 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
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
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]
46887/18
20/09/2018
Amangeldy Sebepovich TELYUBAYEV
1977
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention after conviction - since 16/01/2018 the applicant is detained in IK-37 Perm Region; no or restricted access to warm water, lack of or insufficient natural light, overcrowding, inadequate temperature
03/03/2021
12/01/2021
7,800
54489/18
07/11/2018
Igor Valeryevich VINOGRADOV
1983
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
03/03/2021
15/12/2020
6,000
7721/19
15/12/2018
Maksim Alekseyevich SAVIN
1978
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region, since 10/01/2015 and pending, 2.3 sq. m of personal space; lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, no or restricted access to running water, poor quality of food, overcrowding, lack of or insufficient electric light
03/03/2021
11/01/2021
7,800
24921/19
26/06/2019
Vitaliy Sergeyevich LUTSENKO
1984
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - transport by van on 04-06/02/2019, 0.3 sq. m of personal space; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air, lack of seat belts
03/03/2021
19/01/2021
7,000
37143/19
01/07/2019
Ali Khasanovich KHASAYEV
1981
03/03/2021
20/01/2021
6,000
46535/19
10/08/2019
Dmitriy Aleksandrovich TUMANOV
1972
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and in respect of inadequate conditions of detention,
Art. 3 - inadequate conditions of detention after conviction - detention in IK-8 Komi Republic since 04/06/2015 and pending; overcrowding, inadequate clothing allowance, mouldy or dirty cell, lack of fresh air, lack of or insufficient electric light, poor quality of potable water, no or restricted access to shower, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of privacy for toilet, poor quality of food, lack or insufficient quantity of food
03/03/2021
04/02/2021
7,800
11876/20
08/05/2020
Grigoriy Valeryevich KURDYUKOV
1990
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
03/03/2021
11/01/2021
6,000
13176/20
05/08/2020
Stanislav Nikolayevich SHEMYAKIN
1971
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
03/03/2021
11/02/2021
6,000
22984/20
12/05/2020
Artur Khavazhiyevich SAKKAYEV
1982
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport, in respect of poor conditions of detention and allocation of the applicant to a remote colony (the applicant submitted in vain several requests for relocation due to the family reasons to the Federal Prison Service (on 10/03/2016, 10/06/2016, 25/06/2020, 21/07/2020)),
Art. 3 - inadequate conditions of detention after conviction - detention in EKPT in IK-49 Komi Republic since 11/06/2020 and pending; overcrowding; poor sanitary conditions, 2 sq. m. of personal space; lack of fresh air, etc.,
Art. 3 - inadequate conditions of detention during transport - transport by train from 04/03/2020 to 05/03/2020, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of fresh air, passive smoking
03/03/2021
02/02/2021
7,800
26057/20
10/08/2020
Nikolay Nikolayevich RUSAKOV
1984
03/03/2021
15/01/2021
6,000
42080/20
07/08/2020
Zaur Magomed ogly BULIYEV
1990
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
03/03/2021
02/02/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
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