THIRD SECTION
DECISION
Application no. 29658/18
Aleksandr Sergeyevich ZVEREV against Russia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 5 March 2020 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 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 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 26 March 2020.
Liv TigerstedtAlena Poláčková
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
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]
29658/18
07/06/2018
Aleksandr Sergeyevich ZVEREV
12/03/1997
03/07/2019
06/09/2019
2,600
35823/18
14/07/2018
Shamkhan Khuseynovich ABUYEV
11/06/1988
Bagdasaryan Innara Zhorayevna
Moscow
29/05/2019
19/09/2019
3,200
40511/18
15/08/2018
Dmitriy Gennadyevich VINOGRADOV
12/12/1980
Andreyev Ashot Aleksandrovich
Syktyvkar
15/07/2019
30/08/2019
3,500
47350/18
21/09/2018
Boris Vladimirovich KUNITSYN
27/06/1989
Andreyev Ashot Aleksandrovich
Syktyvkar
03/07/2019
02/09/2019
3,500
48010/18
24/09/2018
Nikolay Mikhaylovich KALININ
16/12/1981
03/07/2019
10/09/2019
2,300
54735/18
14/12/2018
Dmitriy Sergeyevich ATLASOV
20/11/1987
Art. 5 (4) - excessive length of judicial review of detention - appeal against detention order of 26/07/2018 was examined only on 21/08/2018.
03/07/2019
02/09/2019
1,500
59180/18
21/11/2018
Natalya Lvovna ZUBOVA
30/12/1958
Yezerskiy Aleksey Vladimirovich
Samara
29/05/2019
23/08/2019
4,550
1500/19
10/12/2018
Ramil Mukhammetovich SAFIN
14/02/1979
Burlachenko Sergey Nikolayevich
Moscow
Art. 3 - inadequate conditions of detention - detention in IZ‑77/4 Moscow since 23/03/2018; insufficient number of sleeping places, overcrowding.
03/07/2019
02/09/2019
5,700
6024/19
14/01/2019
Igor Anatolyevich KHRAMUSHIN
27/05/1970
Andreyev Denis Aleksandrovich
Samara
15/07/2019
18/09/2019
5,000
6697/19
16/01/2019
Vladimir Dmitriyevich ANDREYEV
04/08/1954
Art. 5 (4) - excessive length of judicial review of detention - appeal against the detention order of 18/07/2018 was examined only on 17/08/2018;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage during the hearings before the Tsentralniy District Court of Tula, Proletarskiy District Court of Tula and Tule Regional Court (by way of videoconference) - the most recent occasion on 05/12/2018.
26/07/2019
06/09/2019
2,300
[1]. Plus any tax that may be chargeable to the applicants.
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