THIRD SECTION
DECISION
Application no. 66420/17
Alina Anatolyevna YEMELYANOVA and Others against Russia
and 7 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 17 December 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 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 (see the appended table).
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 on the basis of the friendly settlement.
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 21 January 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 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
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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant/household
(in euros)[1]
66420/17
01/09/2017
(4 applicants)
Household
Alina Anatolyevna YEMELYANOVA
1995
Aleksandr Semenovich YEMELYANOV
2016
Mikhail Semenovich YEMELYANOV
2013
Semen Vladimirovich YEMELYANOV
1994
Kogan Vanessa
Moscow
Art. 3 - inadequate conditions of detention - poor conditions of detention in KP-48 Krasnoyarsk Region: no or restricted access to toilet, poor quality of food, lack of fresh food, lack or insufficient quantity of food.,
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote facility
20/05/2020
11/11/2020
7,800
11862/18
23/01/2018
Vladimir Petrovich GIMBATOV
1978
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility
03/07/2020
23/10/2020
6,000
18030/18
20/03/2018
Vyacheslav Vyacheslavovich KOLGIN
1978
Yefremova
Yekaterina Viktorovna
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention during transport - and in respect of allocation to a remote colony and permanent video surveillance,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IZ-1 Yekaterinburg 06/07/2018
IZ-1 Novosibirsk 08/07/2018-10/07/2018
IZ-1 Irkutsk 13/07/2018-21/07/2018
IZ-1 Chita 22/07/2018-24/07/2018
IZ-1 Khabarovsk 27/07/2018-21/10/2018,
Art. 3 - inadequate conditions of detention during transport - 06/07/2018-27/07/2018
no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack of or insufficient natural light, lack or insufficient quantity of food, lack of fresh air
09/10/2020
05/11/2020
7,000
46993/19
14/08/2019
Movsar Salmanovich IZHAYEV
1983
Art. 3 - inadequate conditions of detention during transport - 29/08/2019-03/11/2019 (several instances of transportation by van and train), no belts and handles, lack of fresh air, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention during transport - and in respect of allocation to a remote colony
09/10/2020
17/11/2020
7,000
6820/20
17/03/2020
Beslan Vakhidovich GADAYEV
1982
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote correctional colony
09/10/2020
05/11/2020
6,000
15071/20
11/03/2020
(3 applicants)
Household
Oleg Konstantinovich RAZUVAYEV
1957
Danil Olegovich RAZUVAYEV
2005
Olga Viktorovna RAZUVAYEVA
1976
Miller Irina Vladimirovna
Kansk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
27/10/2020
12/11/2020
6,000
15080/20
21/02/2020
Roman Aleksandrovich AKSENOV
1975
27/10/2020
16/11/2020
6,000
15108/20
11/03/2020
Household
Pavel Vladimirovich AKATOV
1991
Vera Gennadyevna MALYUTINA
1955
Miller Irina Vladimirovna
Kansk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote correctional colony
27/10/2020
12/11/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy