24463/17, GOLUBOV AND KIRILLOV v. ROSJA - Decyzja Europejskiego Trybunału Praw Człowieka

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Opublikowano: www.echr.coe.int

Decyzja Europejskiego Trybunału Praw Człowieka z dnia 5 lipca 2018 r. 24463/17

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2018:0705DEC002446317

THIRD SECTION

DECISION

Application nos. 24463/17 and 46943/17

Nikolay Nikolayevich GOLUBOV against Russia

and Aleksandr Nikolayevich KIRILLOV against Russia

The European Court of Human Rights (Third Section), sitting on 5 July 2018 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:

Uzasadnienie faktyczne

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 application no 46943/17, a complaint 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 application no. 46943/17, they further acknowledged that the domestic authorities had violated the applicant's 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.

Uzasadnienie prawne

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.

Sentencja

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 26 July 2018.

Liv Tigerstedt

Alena Poláčková

Acting Deputy Registrar

President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.

Application no.

Date of introduction

Applicant name

Date of birth

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

1.

24463/17

15/03/2017

Nikolay Nikolayevich Golubov

27/05/1979

22/01/2018

28/03/2018

5,000

2.

46943/17

19/06/2017

Aleksandr Nikolayevich Kirillov

11/12/1976

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -

04/04/2018

05/04/2018

2,460

1

. Plus any tax that may be chargeable to the applicants.