THIRD SECTION
DECISION
Applications nos. 4304/15 and 27738/19
Aleksey Mikhaylovich VASIN against Russia
and Georgiy Vladimirovich KHRAMTSOV against Russia
The European Court of Human Rights (Third Section), sitting on 23 September 2021 as a Committee composed of:
Peeter Roosma, President,
Dmitry Dedov,
Andreas Zünd, 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 permanent video surveillance of detainees in detention facilities were communicated to the Russian Government (“the Government”). Several other complaints based on the same facts were also communicated under Articles 3 and 13 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 14 October 2021.
{signature_p_2}
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other communicated complaints
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
4304/15
15/01/2015
Aleksey Mikhaylovich VASIN
1979
Tolmacheva Mariya Valeryevna
Saransk
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, conditions of detention and regular strip searches
Article 3 – conditions of detention and regular strip searches
25/09/2020
08/07/2021
5,000
27738/19
04/10/2019
Georgiy Vladimirovich KHRAMTSOV
1986
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
30/04/2021
30/06/2021
8,000
[1] Plus any tax that may be chargeable to the applicants.
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