THIRD SECTION

DECISION

Application s no s . 74270/13 and 3071/16

Sergey Nikolayevich ZARUBIN against Russia and Nikolay Sergeyevich KOCHUGOV against Russia

The European Court of Human Rights (Third Section), sitting on 17 December 2020 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 § 1 of the Convention concerning the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities 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 21 January 2021 .

             {signature_p_2}

Liv Tigerstedt Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 8 § 1 of the Convention

( permanent video surveillance of detainees in pre-trial or post-conviction detention facilities )

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]

74270/13

15/05/2013

Sergey Nikolayevich ZARUBIN

1984Alekseyeva

Natalya Vasilyevna

Krsanoyarsk

Art. 13 - lack of any effective remedy in domestic law - linked with complaint concerning video surveillance and allocation to a remote detention facility,

Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations

25/09/2020

27/07/2020

5,000

3071/16

14/12/2015

Nikolay Sergeyevich KOCHUGOV

1986Gavrilitsa

Irina Aleksandrovna

Krasnoyarsk

Art. 3 - inadequate conditions of detention - detention in two pre-trial detention facilities in Krasnoyarsk Region for a few months in 2014 and 2015

25/09/2020

05/08/2020

1,300

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