THIRD SECTION

DECISION

Application no. 24076/17 Dmitriy Valeryevich NAUMOV against Russia and 5 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,

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 3 of the Convention concerning the inadequate conditions of detention during transport were communicated to the Russian Government (“the Government”) . In applications nos. 1665/18, 1672/18 and 3296/18, the complaints under Article 13 of the Convention in relation to the same set of facts were also communicated.

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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.

The Government acknowledged the inadequate conditions of detention during transport . In applications nos. 1665/18, 1672/18 and 3296/18, 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 amount s 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 amount s 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 case s .

The applicant s were sent the terms of the Government ’ s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicant s accepting the terms of the declarations.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant s wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention during transport (see, for example, Idalov v. Russia [GC], no. 5826/03, §§ 103-108, 22 May 2012).

Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications in the part covered by the unilateral declarations (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention during transport raised under Articles 3 and 13 of the Convention and as covered by the unilateral declarations.

The applicant s also raised other complaints under Article 3 of the Convention in applications nos. 24076/17, 74766/17 and 2590/18.

The Court has examined the above application s and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that these parts of application s nos. 24076/17, 74766/17 and 2590/18 must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Takes note of the terms of the respondent Government ’ s declarations in so far as they concern the inadequate conditions of detention during transport raised under Articles 3 and 13 of the Convention, and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike this part of the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention;

Declares the remainder of applications nos. 24076/17, 74766/17 and 2590/18 inadmissible.

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 3 of the Convention

( inadequate conditions of detention during transport )

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s comments,

if any

Amount awarded for pecuniary

and non-pecuniary damage

and costs and expenses

per applicant

(in euros) [1]

24076/17

15/03/2017

Dmitriy Valeryevich NAUMOV

1985

18/11/2020

20/01/2021

1,000

74766/17

07/10/2017

Dmitriy Igorevich RADNEV

1986

18/11/2020

20/01/2021

1 000

1665/18

26/12/2017

Roman Sergeyevich MAKSIMOV

1987Sidorov Ivan Severovich

Moscow

18/11/2020

20/01/2021

1,000

1672/18

26/12/2017

Dmitriy Igorevich SHELDYASHOV

1991Sidorov Ivan Severovich

Moscow

18/11/2020

20/01/2021

1,000

2590/18

21/12/2017

Denis Alekseyevich ZELENTSOV

1996

18/11/2020

07/01/2021

1,000

3296/18

26/12/2017

Mikhail Leonidovich SHALANKEVICH

1993Sidorov Ivan Severovich

Moscow

18/11/2020

20/01/2021

1,000

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