THIRD SECTION

DECISION

Application no. 20947/18 Dmitriy Vasilyevich DUMINIKA against Russia and 3 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 5 § 4 of the Convention concerning the deficiencies in proceedings for review of the lawfulness 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 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 5 § 4 of the Convention

( deficiencies in proceedings for review of the lawfulness of detention )

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]

20947/18

07/05/2018

Dmitriy Vasilyevich DUMINIKA

1987Magomedova Roza Saidovna

Moscow

Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions between the detention facility and the courthouse; from 27/06/2017 to 21/05/2018; lack of fresh air, overcrowding, poor quality of food, no or restricted access to toilet, no or restricted access to potable water ;

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

25/01/2021

01/02/2021

1,300

45861/19

16/08/2019

AND

30694/20

23/06/2020

Sergey Yuryevich SOBOLEV

1980

15/01/2021

21/01/2021

500

36629/20

12/07/2020

Vladimir Borisovich LAMBROS

1954Golub Olga Viktorovna

Suzemka

25/01/2021

01/02/2021

500[1] Plus any tax that may be chargeable to the applicants.