THIRD SECTION
DECISION
Application no. 11567/17
Aleksey Leonidovich YUDENKOV against Russia
and 13 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 4 April 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, 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 were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 of the Convention.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They acknowledged the inadequate conditions of detention. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by Article 13 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 declarations 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 9 May 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
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)[1]
11567/17
30/12/2016
Aleksey Leonidovich Yudenkov
11/02/1994
Zlomnov Mikhail Andreyevich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/07/2017
11/09/2017
3,555
26125/17
21/03/2017
Sergey Nikolayevich Bolbikov
27/04/1969
Zlobin Sergey Vladimirovich
Moscow
17/10/2017
15/12/2017
5,000
26961/17
01/03/2017
Vyacheslav Gennadyevich Gorbachev
18/09/1965
17/10/2017
11/12/2017
11,000
27465/17
17/03/2017
Salikh Borisovich Temirbulatov
25/01/1973
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
17/10/2017
04/01/2018
4,935
33264/17
15/09/2017
Vitaliy Vladimirovich Galkin
07/11/1998
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
03/04/2018
29/05/2018
2,460
41590/17
24/05/2017
Denis Vadimovich Chkhitauri
06/10/1986
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/02/2018
20/04/2018
8,500
73785/17
25/09/2017
Aleksey Yuryevich Sevizdral
05/04/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/04/2018
06/06/2018
7,500
77193/17
10/01/2018
Vadim Viktorovich Teterkin
29/11/1970
10/09/2018
26/11/2018
2,095
82423/17
13/11/2017
Igor Aleksandrovich Stasyuk
23/02/1976
16/07/2018
04/09/2018
5,250
2381/18
06/12/2017
Vladimir Aleksandrovich Nikolayev
08/08/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/07/2018
11/09/2018
6,000
7506/18
11/01/2018
Dmitriy Nikolayevich Babayev
14/04/1997
Ivanova Natalya Vladimirovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
10/09/2018
27/11/2018
2,825
7662/18
25/01/2018
Artem Anatolyevich Losev
19/12/1990
Orlov Andrey Stanislavovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
10/09/2018
26/11/2018
6,975
21504/18
19/04/2018
Galina Arsenovna Grancha
23/02/1997
Murashkin Igor Gennadyevich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
29/10/2018
15/01/2019
3,190
21686/18
19/04/2018
Denis Giviyevich Adamov
24/09/1994
Urlashov Aleksey Mikhaylovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
29/10/2018
09/01/2019
5,250
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy