THIRD SECTION
DECISION
Application no. 1235/18
Aleksandr Petrovich YAMASHKIN against Russia
and 17 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 24 October 2019 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 3 of the Convention concerning the inadequate conditions of detention during transport 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 inadequate conditions of detention during transport. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention (see appended table). 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 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.
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 November 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
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 and non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
1235/18
09/12/2017
Aleksandr Petrovich Yamashkin
11/02/1979
Tolmacheva Mariya Valeryevna
Saransk
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Ruzaevskiy District Court of the Mordovia Republic, 16/06/2017.
11/06/2018
27/07/2018
1,500
4090/18
25/12/2017
Dmitriy Romanovich Filippov
25/04/1994
19/09/2018
14/11/2018
1,000
7608/18
28/12/2017
Elvin Khikmet ogly Dzhabbarov
09/05/1988
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
19/09/2018
27/11/2018
1,000
8412/18
26/12/2017
Sergey Pavlovich Malyanov
08/12/1981
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
19/09/2018
27/11/2018
1,000
8816/18
09/01/2018
Mikhail Vladimirovich Abramov
19/06/1981
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
19/09/2018
12/11/2018
1,000
10871/18
12/02/2018
Mikhail Borisovich Konstantinov
20/04/1984
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
19/09/2018
16/11/2018
1,000
11573/18
31/01/2018
Orif Tolibovich Ismailov
12/06/1989
Sayfiyev Shakhzod Sadriddin ugli
St Petersburg
26/09/2018
21/01/2019
1,000
11992/18
19/02/2018
Konstantin Vadimovich Malivanchuk
08/09/1996
19/09/2018
02/01/2019
1,000
18974/18
08/04/2018
Sayasat Saday Ogly Agayev
27/07/1980
Andreyev Ashot Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
09/10/2018
22/11/2018
1,000
18979/18
05/04/2018
Stepan Olegovich Tarasov
30/11/1974
Andreyev Ashot Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
09/10/2018
22/11/2018
1,000
30320/18
02/07/2018
Denis Aleksandrovich Karakov
27/01/1982
Yesina Tatyana Robertovna
Sevastopol
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
05/02/2019
10/04/2019
1,000
31081/18
14/06/2018
Nikita Borisovich Myasnikov
20/02/1982
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
29/01/2019
18/03/2019
1,000
31402/18
04/06/2018
Artem Andreyevich Golub
05/07/1992
29/01/2019
27/03/2019
1,000
31539/18
22/06/2018
Roman Nikolayevich Gromov
27/09/1976
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
29/01/2019
04/04/2019
1,000
31567/18
18/06/2018
Maksim Viktorovich Lysenko
22/04/1979
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Primorskiy District Court of St Petersburg in a number of hearings with the most recent on 19/12/2017;
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport and the applicant’s placement in a metal cage during court hearings.
29/01/2019
14/03/2019
4,000
31721/18
12/06/2018
Yuriy Petrovich Chukhray
26/02/1958
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
29/01/2019
21/03/2019
1,000
32296/18
25/06/2018
Salman Akhmedovich Khaybulayev
17/03/1984
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
29/01/2019
18/03/2019
1,000
35946/18
09/07/2018
Sergey Vladimirovich Andreyev
13/08/1994
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.
29/01/2019
26/04/2019
1,000
[i]. Plus any tax that may be chargeable to the applicants.
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