KRASNOV AND OTHERS v. RUSSIA

 
 
 
THIRD SECTION
DECISION
Application no. 51315/17
Yevgeniy Veniaminovich KRASNOV against Russia
and 13 other applications
(see appended table)
 
The European Court of Human Rights (Third Section), sitting on 25 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 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. 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 as regards the complaints concerning the inadequate conditions of detention, as well as other complaints under the well-established case-law (see appended table), as covered by the unilateral declarations.
The applicant in application no. 16905/18 also complained about conditions of his detention in another facility.
The Court has examined the complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of application no. 16905/18 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention as covered by the unilateral declarations, as well as other complaints under the well-established case-law (see the appended table);
Declares the remainder of application no. 16905/18 inadmissible.
Done in English and notified in writing on 16 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]   
51315/17
04/06/2017
Yevgeniy Veniaminovich Krasnov
14/07/1985
 
 
 
16/01/2018
29/01/2019
11,500   
55865/17
17/07/2017
Sergey Yuryevich Lapshin
25/07/1986
Stasyuk Olga Andreyevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/01/2018
08/03/2018
9,750   
11667/18
21/01/2018
Ismoil Shodiyevich Ismoilov
19/02/1994
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
12/12/2018
7,200   
12000/18
15/02/2018
Andrey Kirillovich Khmanov
20/11/1989
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
11/01/2019
5,900   
12212/18
22/01/2018
Maksim Vladimirovich Maksimov
07/02/1983
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
28/11/2018
3,600   
13190/18
08/02/2018
Artur Raulevich Musin
27/06/1980
Stasyuk Olga Andreyevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
02/10/2018
26/11/2018
7,000   
13847/18
05/02/2018
Ruslan Andreyevich Piotrovskiy
12/10/1988
 
 
Art. 3 - inadequate conditions of detention during transport - Conditions of transport by van, on several occasions between 05/05/2017 and 15/12/2017 (from detention facilities (IZ-47/1
St Petersburg) to a court house (Primorskiy District Court of St Petersburg,
St Petersburg City Court) and to another remand prison (Kresty-2)
04/10/2018
02/01/2019
3,555   
13889/18
09/03/2018
Sergey Aleksandrovich Novikov
03/09/1981
 
 
04/10/2018
15/01/2019
5,000   
14056/18
10/03/2018
Telman Sabdullayevich Arabkhanov
18/12/1998
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
22/11/2018
2,095 
16905/18
12/02/2018
Marat Kutdusovich Nurgaliyev
22/03/1977
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
11/12/2018
8,850 
17159/18
07/03/2018
Fazliddin Fayzidinovich Khayetov
03/11/1992
 
 
 
04/10/2018
05/12/2018
1,365 
19791/18
09/04/2018
Vladimir Viktorovich Golovkov
24/05/1964
 
 
Art. 3 - inadequate conditions of detention during transport - transport by overcrowded van to take part in court hearings between 22/01/2015 and until 29/10/2017,
 
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport
02/10/2018
05/12/2018
14,400 
19793/18
09/04/2018
Vladimir Vasilyevich Sobolev
12/07/1988
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
02/10/2018
05/12/2018
5,750 
21541/18
23/04/2018
Sergey Viktorovich Osipov
07/05/1970
Zvonkova Yelena Yuryevna
St Petersburg
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport,
 
Art. 3 - inadequate conditions of detention during transport - transport by overcrowded van from the detention facility to take part in the investigative actions and court hearings between 19/05/2015 and 20/04/2018
02/10/2018
11/12/2018
14,400
 
[1].  Plus any tax that may be chargeable to the applicants.

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