THIRD SECTION

DECISION

Application no. 37077/18 Irina Aleksandrovna ROMANOVSKAYA against Russia and 5 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 21 January 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 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 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 (see the appended table).

The Government submitted declaration s with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s .

The Government acknowledged the excessive length of pre-trial detention . In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention (see the appended table). 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 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 11 February 2021 .

Liv Tigerstedt 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

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]

37077/18

23/07/2018

Irina Aleksandrovna ROMANOVSKAYA

1961Yastrebova Natalya Viktorovna

Rostov-on-Don

Art. 5 (4) - excessive length of judicial review of detention - the applicant’s appeal against the detention order of 27/12/2017 was only examined by the appeal court on 24/01/2018.

20/10/2020

23/11/2020

5,050

33326/19

11/06/2019

Rustam Gadzhiumarovich GADZHIYEV

1986Yegazaryants Vladimir Vladimirovich

Astrakhan

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

Art. 3 - inadequate conditions of detention - inhuman conditions of detention in IZ-1 Astrakhan Region during 01/03/2018 - 04/06/2019 with 2.6 m²/inmate, inadequate ventilation, inadequate temperature, lack of or insufficient electric light, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, constant electric light, toilet in 1 ‑ 2 m. from dinner table, exercise yard of 15-20 sq ..m. for 8 inmates, no or restricted access to shower;

Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport by prison vans from the detention facility to the court houses; length of each trip up to 2 hours; overcrowding; extremely hot in summer; restricted access to toilet; lack of fresh air; numerous occasions of transport in the period from 01/03/2018 to 01/03/2019;

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

10/04/2020

15/07/2020

8,200

48277/19

26/08/2019

Nikita Sergeyevich MURASHEV

1992

10/04/2020

16/07/2020

3,100

48669/19

03/09/2019

Tatyana Mikhaylovna SKVORTSOVA

1994Ivanov Denis Aleksandrovich

Yelabuga

Art. 3 - inadequate conditions of detention - detention in IZ-6 Moscow from 22/11/2018 to 18/04/2019; less than 3 sq. m of personal space; overcrowding; restricted access to toilet; lack of fresh air;

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal cage during hearings in the Khamovnicheskiy District Court of Moscow between 24/12/2018 and 18/04/2019.

10/04/2020

16/07/2020

3,960

50489/19

26/08/2019

Dmitriy Petrovich TSATSARIN

1982

20/10/2020

19/11/2020

3,010

10175/20

23/01/2020

Dinar Maratovich ISLAMOV

1986

20/10/2020

01/12/2020

5,180

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