DEMIN AND OTHERS v. RUSSIA

 
THIRD SECTION
DECISION
Application no. 72783/17
Anton Nikolayevich DEMIN against Russia
and 6 other applications
(see appended table)
 
The European Court of Human Rights (Third Section), sitting on 7 March 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 during transport were communicated to the Russian Government (“the Government”). In application no. 82146/17 another complaint under the well-established case-law was also communicated to the Government (see the appended table).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They acknowledged the inadequate conditions of detention during transport in respect of all applicants and a violation of Article 3 of the Convention as regards the placement of the applicant in application no. 82146/17 in a metal cage during court hearings. 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 28 March 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]   
72783/17
07/09/2017
Anton Nikolayevich Demin
13/01/1986
 
 
 
21/05/2018
02/07/2018
1,000   
76730/17
20/10/2017
Akhror Ibrogimovich Sayidov
30/01/1986
Egle Denis Sergeyevich
Krasnoyarsk
 
21/05/2018
16/07/2018
1,000   
77700/17
17/10/2017
Irina Pavlovna Kiriyevskaya
27/05/1972
Vorotyntsev Dmitriy Sergeyevich
Rostov-na-Donu
 
21/05/2018
06/07/2018
1,000   
78917/17
06/11/2017
Dmitriy Stanislavovich Tomilin
01/07/1992
Nikitina Irina Nikolayevna
Moscow
 
21/05/2018
22/06/2018
1,000   
81784/17
22/10/2017
Vyacheslav Aleksandrovich Tkachenko
30/01/1998
 
 
 
21/05/2018
05/07/2018
1,000   
82146/17
28/11/2017
Pavel Andreyevich Korolev
11/04/1987
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in metal cages on 07/06/2017, 14/07/2017 and 17/07/2017.
21/05/2018
22/06/2018
1,300   
18932/18
17/03/2018
Sergey Olegovich Zavyalov
06/02/1980
 
 
 
09/10/2018
26/11/2018
1,000
 
[1]. Plus any tax that may be chargeable to the applicants.

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