SOLOVYEV AND OTHERS v. RUSSIA

 
THIRD SECTION
DECISION
Application no. 58316/17
Igor Anatolyevich SOLOVYEV against Russia
and 10 other applications
(see appended table)
 
The European Court of Human Rights (Third Section), sitting on 31 January 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 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 21 February 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]   
58316/17
24/07/2017
Igor Anatolyevich Solovyev
16/08/1971
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/06/2018
24/07/2018
1,000   
67104/17
30/10/2017
Boris Anatolyevich Normayev
18/10/1983
 
 
 
11/06/2018
30/07/2018
2,095   
68571/17
24/10/2017
Aleksandr Nikolayevich Pikalev
13/05/1970
 
 
 
11/06/2018
25/07/2018
3,920   
71781/17
13/09/2017
Radik Failyevich Alimbekov
17/08/1979
 
 
 
11/06/2018
20/07/2018
1,000   
75724/17
14/10/2017
Vitaliy Valeryevich Kostyuchenko
06/09/1989
Golub Olga Viktorovna
Suzemka
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -,
 
Art. 3 - inadequate conditions of detention during transport - Transport to the Babushkinskiy District Court of Moscow (on 24/01/2017, 21/04/2017) and to the Moscow City Court (on 18/05/2017 and 19/05/2017) by prison vans; detention in convoy cells in IZ-77/4 and in the above mentioned courts.
Conditions in the van and in the cells: overcrowding, handcuffing during the transportation, lack of natural light, inadequate temperatures, lack of food, restricted access to toilet
25/05/2018
20/07/2018
3,825   
76890/17
20/10/2017
Maksim Andreyevich Korneyev
05/04/1985
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
15/05/2018
23/07/2018
1,365   
77524/17
20/10/2017
Pavel Vladimirovich Akatov
30/05/1991
Egle Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -,
 
Art. 3 - inadequate conditions of detention during transport - transport by rail, from SIZO-1 Ulan-Ude to a correctional colony
between 29/04/2017 and 01/05/2017
25/05/2018
16/07/2018
6,500   
77815/17
13/10/2017
Aleksey Nikolayevich Popov
17/09/1986
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
25/05/2018
13/07/2018
7,750   
77912/17
16/10/2017
Sergey Aleksandrovich Cherkez
30/10/1976
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/06/2018
23/07/2018
5,500 
77939/17
11/10/2017
Sergey Nadarovich Kulakov
14/03/1990
Egle Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - ,
 
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement of the applicant in a metal cage during hearings in the Sovetskiy District Court of Krasnoyarsk
25/05/2018
16/07/2018
7,800 
81108/17
21/11/2017
Yevgeniy Aleksandrovich Borisenok
17/08/1986
 
 
 
15/05/2018
29/06/2018
2,825
 
[1]. Plus any tax that may be chargeable to the applicants.

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