THIRD SECTION

DECISION

Application no. 10232/17 Yuriy Leonidovich PONKRASHKIN against Russia and 4 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 20 May 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 permanent video surveillance of detainees in pre-trial or post-conviction detention facilities 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 10 June 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

( permanent video surveillance of detainees in pre-trial or post-conviction detention facilities )

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

(in euros) [1]

10232/17

22/03/2017

Yuriy Leonidovich PONKRASHKIN

1971Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,

Art. 3 - inadequate conditions of detention after conviction – IK ‑ 34 Krasnoyarsk Region since 18/12/2014,

overcrowding, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities .

15/01/2021

29/01/2021

10,000

40919/18

22/11/2018

Sergey Albertovich POPONIN

1980Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of conditions during transport,

Art. 3 - inadequate conditions of detention during transport - conditions of transport between 12/01/2018 and 17/12/2019 ;

train, van, transit cells: no or restricted access to toilet, insufficient number of sleeping places, lack of fresh air, inadequate temperature, overcrowding, no or restricted access to warm water, restricted access to food,

Art. 3 - inadequate conditions of detention after conviction - detention in IK-29 Kirov Region, since 05/02/2017 and pending;

less than 3 sq. m of personal space; lack of or insufficient natural light, lack of fresh air, strong smell of paint, no or restricted access to warm water, poor quality of food, no or restricted access to running water, no or restricted access to shower .

15/01/2021

29/01/2021

8,000

45201/18

21/09/2018

Aleksandr Vasilyevich KASARAKIN

1970Igor Borisovich SLESAREV

1969Preobrazhenskaya Oksana Vladimirovna

Strasbourg

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

Art. 3 - inadequate conditions of detention after conviction - detention of the two applicants:

IK-8 Buryatiya Republic (the first applicant)

01/12/2010 - pending

More than 9 year(s) and 5 month(s) and 28 day(s)

IK-78 Buryatiya Republic (the second applicant)

01/04/2012 - pending

More than 8 year(s) and 1 month(s) and 28 day(s)

100 inmates, 1.5 - 2.8 sq m of personal space; lack of fresh air, inadequate temperature, overcrowding, no or restricted access to toilet, no or restricted access to shower .

19/11/2020

24/02/2021

11,000 to each applicant

14528/19

05/06/2019

Sergey Sergeyevich LOBETSKIY

1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of video surveillance in the colony,

Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region since 11/04/2018 and on-going; 2 sq m of personal space; lack of privacy for toilet, no or restricted access to toilet, poor quality of food .

15/01/2021

29/01/2021

6,000

40276/19

17/07/2019

Andrey Dmitriyevich DOROSHENKO

1990Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,

Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region; from 07/02/2018 to 13/07/2019,

2.5 sq m of personal space; lack of fresh air, passive smoking, overcrowding, lack of or insufficient physical exercise in fresh air .

19/11/2020

02/03/2021

5,000

[1] Plus any tax that may be chargeable to the applicants.