THIRD SECTION
DECISION
Application no. 30103/16
Ilgiz Railyevich YAKHIN against Russia
and 14 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 November 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, 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 the part covered by the parties’ agreement.
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, as well as the other complaints under the well-established case-law as listed in the appended table and covered by the Government’s unilateral declarations.
The applicants in applications nos. 30103/16, 54310/18 and 54188/19 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, they 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 applications nos. 30103/16, 54310/18 and 54188/19 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, as listed in the appended table;
Declares the remainder of applications nos. 30103/16, 54310/18 and 54188/19 inadmissible.
Done in English and notified in writing on 10 December 2020.
Liv TigerstedtDarian Pavli
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
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]
30103/16
17/05/2016
Ilgiz Railyevich YAKHIN
1992
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal cage during hearings before the Nefteyuganskiy District Court of the Khanty-Mansy Region and before the Khanty-Mansy Regional Court between 24/04/2013 to 17/02/2016.
10/06/2020
06/08/2020
5,060
54310/18
10/11/2018
Pavel Vladimirovich YEMELYANENKO
1989
Osipovich Viktor Viktorovich
Moscow
18/03/2020
01/07/2020
1,450
13449/19
20/02/2019
Vasiliy Vladimirovich BELIKOV
1986
Art. 5 (4) - excessive length of judicial review of detention - excessive length of judicial review of the detention orders dated 26/06/2018 (upheld on 22/08/2018) and 09/10/2018 (upheld on 05/12/2018); and 19/03/2019 (upheld on 08/05/2019).
10/04/2020
21/07/2020
4,300
18685/19
17/06/2019
Erik Iskoyevich MIRZOYAN
1992
Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport on a number of occasions in prison vans and detention transit cells from 09/02/2018 to 18/04/2019; overcrowding, passive smoking, mouldy or dirty cell.
18/03/2020
11/05/2020
2,200
26991/19
19/03/2019
Aleksandr Aleksandrovich PETROV
1980
18/03/2020
23/06/2020
2,600
32713/19
11/06/2019
Yuriy Yuryevich YANCHENKO
1980
Denisov Dmitriy Arkadyevich
Astrakhan
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage in the course of the hearings in the Sovetskiy District Court of Astrakhan and Astrakhan Regional Court between 05/08/2017 - 11/04/2019;
Art. 3 - inadequate conditions of detention - inhuman conditions of detention in IZ-1 Astrakhan Region between 07/08/2017-22/05/2019 (no ventilation, lack of fresh air, infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, no or restricted access to potable water).
10/04/2020
21/08/2020
10,100
49573/19
06/09/2019
Konstantin Nikolayevich DANILOCHKIN
1990
Chumak Nikita Vladimirovich
Moscow
10/06/2020
11/08/2020
2,240
50792/19
16/09/2019
Nina Aleksandrovna SUSLOVA
1981
Avanesyan Aleksey Viktorovich
Krasnodar
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the hearings before the Leninskiy District Court of Krasnodar and Krasnodar Regional Court; on numerous occasions since 08/06/2019.
10/04/2020
06/07/2020
1,600
52686/19
27/09/2019
Sergey Yuryevich MIRONOV
1989
Dobrodeyev Aleksey Vladimirovich
St Petersburg
Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport in prison vans and transit cells on a number of occasions from 28/04/2017 to 28/03/2019; overcrowding; restricted access to toilet;
Art. 13 - lack of effective remedy against placement in metal cages and inadequate conditions of transportation;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage on a number of occasions in court hearings before the Vyborgskiy District Court of St Petersburg and before the St Petersburg City Court, including by way of video conference, in the period from 28/04/2017 to 24/09/2019.
10/04/2020
18/09/2020
5,000
53457/19
02/10/2019
Denis Viktorovich KOLESNIKOV
1975
10/06/2020
27/07/2020
1,680
54188/19
07/10/2019
Dmitriy Igorevich DEDOVICH
1986
Golub Olga Viktorovna
Suzemka
Art. 3 - inadequate conditions of detention - detention in IZ-77/4 Moscow from 15/03/2018 to 09/12/2019;
Art. 3 - inadequate conditions of detention during transport - transport by van and detention in a transit cell from 26/01/2017on numerous occasions and until 09/12/2019; 0.3 m² per inmate;
Art. 5 (4) - excessive length of judicial review of detention - the applicant’s appeal against the extension order of 18/02/2019, lodged on 20/02/2019, was examined on 11/04/2019 (44 days later). The applicant’s appeal against the extension order of 15/04/2019, lodged on 18/04/2019, was examined on 30/05/2019
(35 days later).
10/04/2020
23/07/2020
12,350
56695/19
10/10/2019
Artem Ruslanovich BARKIN
1984
Minenkov Sergey Aleksandrovich
Moscow
Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions during the court proceedings until 17/04/2019 by van and detention in convoy cell, overcrowding, lack of or insufficient natural light, lack of fresh air;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings before the Tverskoy District Court in Moscow and Moscow City Court (by way of videoconference).
10/04/2020
22/07/2020
4,050
57995/19
28/10/2019
Vladimir Aleksandrovich ABRAMOV
1992
Sharin Sergey Valeryevich
Arkhangelsk
10/06/2020
20/08/2020
2,170
60449/19
13/11/2019
Anton Pavlovich SAMOYLOV
1972
Karakasiyan Artem Vaniyanovich
Moskva
Art. 3 - use of metal cages and/or other security arrangements in courtrooms. Detention in a metal cage on multiple occasions during the appellate hearings held at the Moscow City Court through videoconference.
10/06/2020
30/07/2020
2,000
64578/19
28/11/2019
Ruslan Rastemovich USMANOV
1991
10/06/2020
19/08/2020
3,920
[1] Plus any tax that may be chargeable to the applicants.
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