MALEYEV AND OTHERS v. RUSSIA

 
 
 
THIRD SECTION
DECISION
Application no. 43256/15
Daniil Mikhaylovich MALEYEV against Russia
and 12 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 other provisions 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 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 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]   
43256/15
24/08/2015
Daniil Mikhaylovich Maleyev
17/11/1988
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/01/2018
11/06/2018
7,000   
63008/16
26/10/2016
Svetlana Yakovlevna Sava
26/12/1958
Markova Tatyana Yuryevna
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/05/2017
02/08/2017
4,220   
66104/16
07/11/2016
Yevgeniy Yuryevich Makarov
30/11/1980
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - 12/05/2016- verdict; 28/05/2016 Appeal,
 
Art. 3 - inadequate conditions of detention during transport - 28/05/2015-29/06/2016, van, transit cell, 0.5 m2, overcrowding, traumatic transportation, no warm meals, no or restricted access to toilet, lack of fresh air,
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/05/2017
24/07/2017
7,375   
67920/16
09/11/2016
Aleksandr Vladimirovich Ryzhkov
24/05/1983
Dobrodeyev Aleksey Vladimirovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/05/2017
28/07/2017
7,500   
75383/16
18/01/2017
Mikhail Valentinovich Mitrofanov
13/06/1978
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/09/2017
30/10/2017
1,365   
2938/17
14/01/2017
Sergey Pavlovich Toporkov
12/04/1982
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/09/2017
08/12/2017
9,500   
15436/17
08/02/2017
Tatyana Aleksandrovna Moiseyeva
15/01/1981
Tretyak Tatyana Aleksandrovna
Gelendzhik
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - metal cage in courtroom during the hearings in 2015-2016.,
 
Art. 3 - inadequate conditions of detention during transport – 44 occasions of transport in a van between IVS and the court to participate in 22 court hearings between 30/05/2015 and 12/08/2016.,
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/09/2017
31/10/2017
7,500   
16010/17
08/02/2017
Aleksey Yuryevich Timofeyev
28/02/1978
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/09/2017
13/11/2017
7,000   
33060/17
12/10/2017
Aleksandr Nikolayevich Sankevich
14/01/1983
 
 
 
15/05/2018
10/07/2018
2,460 
46590/17
07/06/2017
Yevgeniy Alekseyevich Razumov
05/02/1993
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/01/2018
13/04/2018
4,285 
73713/17
30/09/2017
Aleksandr Aleksandrovich Surkov
03/02/1977
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
15/05/2018
13/07/2018
12,825 
75887/17
20/09/2017
Kirill Vladimirovich Dadayev
28/09/1984
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
15/05/2018
25/09/2018
3,190 
76483/17
23/10/2017
Oleg Yevgenyevich Dudkin
05/04/1971
 
 
Art. 5 (3) - excessive length of pre-trial detention - 24/06/2016 - 25/08/2017
15/05/2018
26/06/2018
7,400
 
[1].  Plus any tax that may be chargeable to the applicants.

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