THIRD SECTION

DECISION

Application no. 45176/17 Yevgeniy Aleksandrovich TEREKHOV against Russia and 2 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 8 April 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, and the applicant s ’ replies to these declarations,

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 some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

The Government submitted declaration s with a view to resolving the issues raised by these complaints. They acknowledged the inadequate conditions of detention during transport . In application no. 45176/17, they further acknowledged a violation of Article 13 of the Convention (see appended table below). 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 cases .

The applicants informed the Court that they agreed to the terms of the declaration s .

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 finds that, following the applicants ’ express agreement to the terms of the declaration made by the Government, the case s should be treated as a friendly settlement between the parties.

It therefore 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 the continued examination of the application s in the part covered by the declarations .

In view of the above, it is appropriate to strike the case s out of the list as regards the complaints concerning the inadequate conditions of detention during transport as covered by the unilateral declarations of the Government and a complaint made under Article 13 of the Convention by the applicant in application no. 45176/17 (see appended table below) .

The applicant s also raised other complaints under various Articles of the Convention.

The Court has examined the application s listed in the appended table 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 this part of the application s must be rejected in accordance with Article 35 § 4 of the Convention.

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 as regards the complaints concerning the inadequate conditions of detention during transport as covered by the unilateral declarations of the Government which were accepted by the applicants, and the complaint about the lack of an effective remedy to complain about poor transport conditions for application no. 45176/17 (see appended table below) ;

Declares the remainder of the applications inadmissible.

Done in English and notified in writing on 29 April 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

Other complaints under well-established

case-law

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

45176/17

29/05/2017

Yevgeniy Aleksandrovich TEREKHOV

1986Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport

18/11/2020

29/01/2021

1,000

48182/17

26/06/2017

Ruslan Rinatovich GARIYEV

1980

18/12/2020

26/02/2021

1,000

2526/18

26/12/2017

Andrey Sergeyevich KUZMIN

1987

18/11/2020

01/02/2021

1,000

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