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OSTROVSKIY AND OTHERS v. RUSSIA
Doc ref: 49187/19, 8201/20, 17365/20, 21647/20, 31794/20, 33574/20, 35569/20, 44534/20, 45902/20, 45903/20, 4... • ECHR ID: 001-211442
Document date: July 1, 2021
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OSTROVSKIY AND OTHERS v. RUSSIA
Doc ref: 49187/19, 8201/20, 17365/20, 21647/20, 31794/20, 33574/20, 35569/20, 44534/20, 45902/20, 45903/20, 4... • ECHR ID: 001-211442
Document date: July 1, 2021
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 49187/19 Pavel Yevgenyevich OSTROVSKIY against Russia and 17 other applications
(s ee appended table)
The European Court of Human Rights (Third Section), sitting on 1 July 2021 as a Committee composed of:
Darian Pavli, President, Dmitry Dedov , Peeter Roosma , judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application s lodged on the various dates indicated in the appended table,
Having regard to the formal declaration s accepting a friendly settlement of the case s ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s is set out in the appended table.
The applicants ’ complaints under Article 8 § 1 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 (see the appended table).
The Court received the friendly-settlement declarations , signed by the parties, under which the applicant s agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 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 a continued examination of the applications.
In view of the above, it is appropriate to strike the case s 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 22 July 2021 .
{signature_p_2}
Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
( allocation or transfer to a remote penal facility irrespective of family life considerations )
No.
Application no. Date of introduction
Applicant ’ s name
Year 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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant / household
(in euros) [1]
49187/19
28/08/2019
AND
33574/20
14/07/2020
Household
Pavel Yevgenyevich OSTROVSKIY
1995Irina Aleksandrovna KULIKOVA
1977 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
15/02/2021
08/04/2021
6,000
8201/20
16/01/2020
AND
31794/20
07/07/2020
Household
Ruslan Vladimirovich BURYAK
1977Natalya Nikolayevna BURYAK
1973Nadezhda Ivanovna BURYAK
1950Olesya Ruslanovna BURYAK
2004Vladimir Andreyevich BURYAK
1943
15/02/2021
05/01/2021
6,000
17365/20
31/08/2020
Vitaliy Nikolayevich KONOVALOV
1982
29/04/2021
04/03/2021
6,000
21647/20
27/04/2020
Svetlana Ivanovna MARTYNOVA
1974Art. 14 - Prohibition of discrimination - taken in conjunction with Article 8 of the Convention (on 12/03/2020 the applicant was transferred from the colony to a remand prison in Rostov; she complains that, being detained there, she can no longer benefit from long family visits which she had been afforded and had a right to under the national law when she was serving her prison sentence in the colony)
10/03/2021
14/04/2021
7,800
35569/20
22/09/2020
Household
Vitaliy Yuryevich SAFONOV
1982Anna Ivanovna SAFONOVA
1960Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
22/02/2021
6,000
44534/20
21/09/2020
Household
Aleksandr Andreyevich ISAKOV
1985Irina Anatolyevna DOBRYAKOVA
1968Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
18/03/2021
6,000
45902/20
15/09/2020
Arayk Ashotovich TARPOSHYAN
1987Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
19/02/2021
6,000
45903/20
13/09/2020
Vasiliy Alekseyevich FRANCHUK
1987Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
03/03/2021
6,000
45904/20
22/09/2020
Adam Saadulayevich SHAKHRUDINOV
1974Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
22/02/2021
6,000
46116/20
19/08/2020
Artem Yuryevich ZHELIBA
1981Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
18/03/2021
6,000
46118/20
31/08/2020
Dmitriy Mikhaylovich PROKHOROV
1980
29/04/2021
03/03/2021
6,000
46981/20
24/09/2020
Olga Yevgenyevna KISELEVA
1967
29/04/2021
19/02/2021
6,000
46984/20
18/09/2020
Andrey Ivanovich ZIMAREV
1974
29/04/2021
12/03/2021
6,000
46985/20
25/09/2020
Vladimir Aleksandrovich MAKSIMOV
1978
29/04/2021
22/02/2021
6,000
47258/20
04/10/2020
Zarifzhon Nurulloyevich MIRZONAZAROV
1981Kudryavtsev Aleksey Gennadyevich
Kolpino
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
28/02/2021
6,000
47806/20
06/10/2020
Anton Aleksandrovich YERMOLAYEV
1975Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
29/04/2021
19/03/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
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