THIRD SECTION
DECISION
Application no. 57061/18
Nikolay Sergeyevich VOYAKIN
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 30 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 November 2018,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms Y.Z. Kozhevnikova, a lawyer practising in Nizhniy Tagil.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged the inadequate conditions of detention during a specific period and lack of an effective remedy in that regard. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount 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 this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, 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 case.
The applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case 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 application in the part covered by the settlement.
In view of the above, it is appropriate to strike the case out of the list as regards the complaints covered by the friendly settlement of the parties.
The applicant also raised other complaints under various articles of the Convention.
The Court has examined the application 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 the application must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the inadequate conditions of detention during the specific period and the lack of an effective remedy in that regard;
Declares the remainder of the application inadmissible.
Done in English and notified in writing on 21 July 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
57061/18
13/11/2018
Nikolay Sergeyevich VOYAKIN
1998
Kozhevnikova Yelena Zafirovna
Nizhniy Tagil
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
21/01/2020
26/02/2020
4,500
[1] Plus any tax that may be chargeable to the applicant.