YEGOROV AND OTHERS v. RUSSIA

 
 
 
THIRD SECTION
DECISION
Application no. 16696/17
Fedor Sergeyevich YEGOROV against Russia
and 15 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 Article 13 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 Article 13 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 and the other complaints under the well-established case-law, as specified in the unilateral declarations.
The applicant in application no. 6723/18 also raised another complaint about the conditions of his detention during a separate period.
The Court has examined the complaint and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does 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 the application no. 6723/18 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 and the other complaints under the well-established case-law, as covered by the unilateral declarations;
Declares the remainder of application no. 6723/18 inadmissible.
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]   
16696/17
17/04/2017
Fedor Sergeyevich Yegorov
21/12/1977
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
10/01/2018
23/02/2018
5,000   
22214/17
28/02/2017
Denis Sergeyevich Bendin
26/05/1993
 
 
 
10/01/2018
09/05/2018
5,250   
36331/17
10/05/2017
Elvin Aydyn ogly Nabiyev
02/08/1984
 
 
 
10/01/2018
23/02/2018
5,000   
40348/17
18/05/2017
Artur Vladimirovich Trunov
15/02/1975
 
 
 
23/01/2018
21/03/2018
5,000   
81916/17
21/11/2017
Tatyana Fedorovna Zinovyeva
01/01/1960
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
22/05/2018
16/07/2018
4,500   
82167/17
18/11/2017
Aleksey Vladimirovich Kazakov
01/03/1975
 
 
 
22/05/2018
27/06/2018
4,500   
5353/18
21/12/2017
Marat Aleksandrovich Urazov
07/10/1993
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
23/07/2018
14/09/2018
4,725   
6640/18
20/01/2018
Aleksey Nikolayevich Novoselov
26/03/1982
Korchuganova Natalya Vladimirovna
Moscow
 
14/09/2018
14/11/2018
4,500   
6723/18
11/01/2018
Aleksey Aleksandrovich Kuznetsov
04/08/1984
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
17/12/2018
4,500 
9382/18
12/02/2018
Sergey Vladimirovich Korepanov
09/09/1981
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
28/11/2018
2,460 
11740/18
07/02/2018
Boris Valentinovich Voronkov
22/07/1962
 
 
 
 
09/10/2018
02/01/2019
4,500 
13338/18
02/03/2018
Farrukh Fazlitdinovich Abduloyev
23/12/1984
 
 
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
07/02/2019
4,500 
14039/18
12/02/2018
Valeriy Nikolayevich Kolesnikov
21/04/1968
 
 
 
09/10/2018
03/12/2018
4,500 
19917/18
10/04/2018
Farit Baglyulyevich Murzagitov
29/06/1963
 
 
 
31/10/2018
18/12/2018
4,500 
20226/18
05/04/2018
Dmitriy Aleksandrovich Lebedev
01/10/1979
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
17/12/2018
4,500 
22346/18
10/04/2018
Dmitriy Vyacheslavovich Orlov
21/10/1988
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
17/12/2018
4,500
 
[1].  Plus any tax that may be chargeable to the applicants.

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