43256/15, MALEYEV AND OTHERS v. ROSJA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 4 kwietnia 2019 r. 43256/15

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0404DEC004325615

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:

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 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.

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 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.

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.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

33060/17

12/10/2017

Aleksandr Nikolayevich Sankevich

14/01/1983

15/05/2018

10/07/2018

2,460

10.

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

11.

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

12.

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

13.

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.