THIRD SECTION

DECISION

Application no. 33653/06 Aleksey Vladimirovich POPOV against Russia and 3 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 4 February 2021 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov , Peeter Roosma , judges,

and Liv Tigerstedt, 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 secret surveillance in the context of criminal proceedings 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 (see the appended table).

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 25 February 2021 .

             {signature_p_2}

Liv Tigerstedt Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 8 of the Convention

( secret surveillance in the context of criminal proceedings )

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]

33653/06

22/06/2006

Aleksey Vladimirovich POPOV

1967

15/10/2019

09/10/2019

7,500

59094/08

05/11/2008

Igor Vladimirovich KASATKIN

1965Kireyev

Aleksey Anatolyevich

Nizhniy Novgorod

15/10/2019

20/01/2020

7,500

18566/09

18/03/2009

Aleksandr Gennadyevich DYAKOV

1974Art. 6 (1) - absence of detainees from civil proceedings - Dispute concerning compensation for unlawful prosecution. Final decision on 30/11/2011 by the Astrakhan Regional Court. The applicant was absent both from the first instance hearing and on appeal. He had no counsel.

15/10/2019

30/09/2019

9,750

34652/09

10/06/2009

Vyacheslav Aleksandrovich YERMOLENKO

1977Art. 3 - inadequate conditions of detention - Overcrowding in IZ-52/1 in Nizhniy Novgorod from 08/07/2008 to 27/04/2009: 13 to 15 inmates in a cell measuring 10 sq. m. Insufficient sleeping places; toilet facilities allowing for no privacy; restricted access to shower; the cells infested with insects; the applicant held together with inmates suffering from contagious diseases.

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.

15/10/2019

06/08/2019

9,750

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