THIRD SECTION

DECISION

Application no. 53440/13 Irina Mikhaylovna KALININA against Russia and 4 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 25 March 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 5 § 3 of the Convention concerning the excessive length of pre-trial 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 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 that the length of the applicants ’ pre-trial detention had not been compatible with Article 5 § 3 of the Convention and, in respect of application no. 53440/13, that the conditions of the applicant ’ s detention had been in contravention of Article 3 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) of the Convention 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) of the Convention 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 excessive length of pre-trial detention (see, for example, Dirdizov v. Russia, no. 41461/10, 27 November 2012) and the conditions of detention in remand prisons (see, among other authorities, Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, 10 January 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 (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 .

For these reasons, the Court, unanimously,

Decides to join the applications;

Takes note of the terms of the respondent Government ’ s declarations 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;

Done in English and notified in writing on 15 April 2021 .

             {signature_p_2}

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

( excessive length of pre-trial detention )

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]

53440/13

18/07/2013

Irina Mikhaylovna KALININA

1953Ignatyev Aleksey Mikhaylovich

Moscow

15/07/2019

8,650

50231/18

22/10/2018

Saak Vladimirovich KHACHATURYAN

1988Dobralskiy Aleksandr Igorevich

Kaliningrad

20/10/2020

26/11/2020

2,520

12948/19

28/05/2019

Vasiliy Vasilyevich NYACHKO

1978

18/03/2020

10/06/2020

2,400

25225/19

24/04/2019

Mikhail Mikhaylovich KOBLOV

1990

18/03/2020

350

34212/19

15/05/2019

Andrey Feliksovich SARKISYAN

1967Myynova Yuliya Yuryevna

Volgograd

18/03/2020

17/08/2020

650[1] Plus any tax that may be chargeable to the applicant