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KARTAVSHCHIKOV AND OTHERS v. RUSSIA
Doc ref: 44305/18, 42318/19, 57218/19, 63687/19, 14303/20, 28858/20, 34110/20, 37630/20, 37931/20, 41698/20, ... • ECHR ID: 001-210664
Document date: May 20, 2021
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KARTAVSHCHIKOV AND OTHERS v. RUSSIA
Doc ref: 44305/18, 42318/19, 57218/19, 63687/19, 14303/20, 28858/20, 34110/20, 37630/20, 37931/20, 41698/20, ... • ECHR ID: 001-210664
Document date: May 20, 2021
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 44305/18 Maksim Vladimirovich KARTAVSHCHIKOV against Russia and 11 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 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.
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
( 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
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]
44305/18
17/08/2018
Maksim Vladimirovich KARTAVSHCHIKOV
1982Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention during transport - transport by van and train from 01/08 to 07/08/2018; 0.3 sq. m of personal space; inadequate temperature, no or restricted access to toilet.
18/09/2020
11/03/2021
7,800
42318/19
26/08/2019
Roman Nikolayevich ARSENYEV
1982 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote colony
18/09/2020
30/06/2020
6,000
57218/19
11/10/2019
AND
63687/19
29/11/2019
AND
28858/20
30/06/2020
Household
Sergey Igorevich GORBACHEV
1987Viktoriya Yuryevna GORBACHEVA
1990Lyudmila Georgiyevna GORBACHEVA
1968Igor Valentinovich GORBACHEV
1962Arina Sergeyevna GORBACHEVA
2015Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote colony.
10/06/2020
08/06/2020
6,000
14303/20
15/07/2020
Sergey Aleksandrovich SHEVKUTA
1978
15/02/2021
11/03/2021
6,000
34110/20
06/07/2020
Oleg Vasilyevich ZHARINOV
1967Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
03/03/2021
05/01/2021
6,000
37630/20
31/07/2020
Sergey Germanovich ROOT
1974Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
03/03/2021
05/01/2021
6,000
37931/20
01/07/2020
Ivan Vasilyevich LOSMANOV
1981Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
03/03/2021
01/03/2021
6,000
41698/20
03/08/2020
Igor Stanislavovich MEKHDIYEV
1988
03/03/2021
06/01/2021
6,000
41711/20
31/08/2020
Aleksey Sergeyevich KOLESNIKOV
1970
03/03/2021
05/01/2021
6,000
42345/20
14/07/2020
Maksim Nikolayevich TOLOKONNIKOV
1984Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility.
03/03/2021
05/01/2021
6,000
[1] Plus any tax that may be chargeable to the applicants.
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