25013/17, RYBALKO AND OTHERS v. ROSJA - Decyzja Europejskiego Trybunału Praw Człowieka

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Opublikowano: www.echr.coe.int

Decyzja Europejskiego Trybunału Praw Człowieka z dnia 4 kwietnia 2019 r. 25013/17

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0404DEC002501317

THIRD SECTION

DECISION

Application no. 25013/17

Yevgeniy Leonidovich RYBALKO against Russia

and 14 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:

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 during transport 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 during transport. 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.

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 9 May 2019.

Liv Tigerstedt

Alena Poláčková

Acting Deputy Registrar

President

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

1.

25013/17

15/03/2017

Yevgeniy Leonidovich Rybalko

19/05/1974

27/03/2018

17/05/2018

1,000

2.

54571/17

20/07/2017

Maksim Aleksandrovich Lapko

19/07/1979

27/03/2018

27/04/2018

1,000

3.

59996/17

07/08/2017

Vurgun Gulmirzayevich Kuliyev

29/05/1974

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

27/03/2018

09/05/2018

1,000

4.

62567/17

03/08/2017

Aleksandr Nikolayevich Smirnov

22/08/1983

Vinogradov Aleksandr Vladimirovich

Kostroma

27/03/2018

09/05/2018

1,000

5.

70565/17

07/09/2017

Petr Petrovich

Neprin

12/04/1969

27/03/2018

19/06/2018

1,000

6.

5517/18

11/01/2018

Denis Anatolyevich Korablev

06/04/1984

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

17/09/2018

08/11/2018

1,000

7.

5887/18

09/01/2018

Yuriy Yuryevich Kazaryan

21/07/1969

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

17/09/2018

12/11/2018

1,000

8.

6589/18

11/01/2018

Aleksandr

Fedorovich Burik

23/06/1976

17/09/2018

26/11/2018

1,000

9.

6606/18

15/01/2018

Sergey Vladimirovich Sukhov

18/04/1980

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

17/09/2018

26/02/2019

1,000

10.

6653/18

12/12/2017

Aleksey Nikolayevich Podyachev

20/06/1977

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

17/09/2018

30/11/2018

1,000

11.

9946/18

01/02/2018

Konstantin Ivanovich Vokuyev

01/07/1986

Kovaleva Yana Viktorovna

Kazan

19/09/2018

13/11/2018

1,000

12.

12006/18

28/02/2018

Yevgeniy Yuryevich Kotrutsa

26/09/1988

Malinin Andrey Anatolyevich

Pechora

19/09/2018

12/11/2018

1,000

13.

12886/18

19/02/2018

Sergey Vladimirovich Sukhov

18/04/1980

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

19/09/2018

09/11/2018

1,000

14.

14268/18

13/03/2018

Nikolay Alekseyevich Mamontov

05/10/1978

Malinin Andrey Anatolyevich

Pechora

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

19/09/2018

09/11/2018

1,000

15.

22738/18

28/04/2018

Umedzhon Muminovich Makhkamov

19/01/1988

Art. 13 - lack of any effective remedy in domestic law - to complain about inadequate conditions of transport

16/10/2018

15/01/2019

1,000

1

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