KISELEV AND OTHERS v. RUSSIA
Doc ref: 66687/09, 19309/13, 73561/13, 60599/17, 78734/17, 2758/18, 11587/18, 21081/18, 31228/18, 32502/18, 3... • ECHR ID: 001-207547
Document date: December 3, 2020
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THIRD SECTION
DECISION
Application no. 66687/09 Roman Yuryevich KISELEV against Russia and 32 other applications
(s ee appended table)
The European Court of Human Rights (Third Section), sitting on 3 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 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 .
Regarding application no. 34448/18, the Court takes note of the death of Ms Somina (the second applicant) and of the wish of her son, Mr Kasarakin (the first applicant), to pursue the proceedings they had initiated.
The Court reiterates that where an applicant dies during the examination of a case, his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania , no. 34578/97, § 41, ECHR 2000-IX). It further reiterates that in a number of cases in which applicants have died in the course of the proceedings, it has taken into account the statements of their heirs or close family members expressing their wish to pursue the proceedings before the Court (see Latif Fuat Öztürk v. Turkey , no. 54673/00, § 27, 2 February 2006). It is clear that given the specific nature of the case related to Article 8 family rights, the first applicant has standing to continue the present proceedings. The Government also did not object.
Turning to all of the applications, 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;
Holds that Mr Kasarakin has standing to pursue the proceedings initiated jointly by him and his later mother, Ms Somina , the second applicant in case no. 34448/18;
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 14 January 2021 .
{signature_p_2}
Liv Tigerstedt Darian Pavli Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 of the Convention
( allocation or transfer to a remote penal facility irrespective of family life considerations )
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/household
(in euros) [1]
66687/09
05/11/2009
Roman Yuryevich KISELEV
1979
18/09/2020
21/09/2020
6,000
19309/13
01/02/2013
Mikhail Mikhaylovich OSHKIN
1976Druzhkova Olga Vladimirovna
Moscow
Art. 6 (1) - applicant ’ s absence from civil proceedings - The applicant challenged actions of FSIN and requested his transfer to another detention facility. He complains that the domestic courts in two instances examined his complaint in his absence. The first-instance court: Guryevsk Town Court of the Kemerovo Region, judgment of 04/05/2012; the appeal court: Kemerovo Regional Court, judgment of 16/10/2012;
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
25/09/2020
22/07/2020
7,500
73561/13
26/05/2014
Aleksandr Ivanovich MAMONOV
1970Golovenkin Oleg Yuryevich
Yoshkar-Ola
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
25/09/2020
16/09/2020
6,000
60599/17
03/08/2017
(3 applicants)
Household
Antonina Mikhaylovna KALININA
1946Nikolay Mikhaylovich KALININ
1946Sergey Nikolayevich KALININ
1971Yesina Tatyana Robertovna
Sevastopol
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote correctional colony.
09/10/2020
18/09/2020
6,000
78734/17
09/11/2017
(3 applicants)
Household
Alim Anatolyevich KHOKONOV
1981Zita Khizirovna KHOKONOVA
1958Madina Dzhamalovna TSAKOYEVA
1979Kogan Vanessa
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
14/09/2020
6,000
2758/18
19/12/2017
Kurban Ibadullayevich MAGOMEDOV
1971Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-1 Komi Republic, since 2016 and pending; less than 2 sq. m of personal space; infestation of cell with insects/rodents, mouldy or dirty cell.
03/09/2020
23/09/2020
16,600
11587/18
16/02/2018
Aleksey Anatolyevich LIPIN
1979Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
18/09/2020
01/07/2020
6,000
21081/18
30/05/2018
Anatoliy Aleksandrovich NAKONECHNYY
1985Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - and in respect o f allocation in a remote prison;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-2 Zabaykalskiy Region since 23/06/2017 and pending; 2 sq. m of personal space; lack of privacy for toilet, overcrowding, no or restricted access to warm water, no or restricted access to shower .
09/10/2020
03/08/2020
14,000
31228/18
20/06/2018
Aleksey Sergeyevich GARANIN
1977Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - and in respect of poor conditions of transport and allocation of t he applicant in a remote colony;
Art. 3 - inadequate conditions of detention during transport - transport by van from IK-23 Irkutsk Region to SIZO-1 Krasnoyarsk Region and further to IK-5 OIK-36 Krasnoyarsk Region - overcrowding, insufficient natural light restricted access to toilet, potable water, lack of food, 14 and 17/11/ 2018;
Art 3 inadequate conditions of detention after conviction - conditions of detention in IK-23 Irkutsk Region from 17/01/2018 to 14/11/2018; 1.2 sq. m of personal space; lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air .
18/09/2020
29/06/2020
7,800
32502/18
13/06/2018
Household
Mikhail Vasilyevich MALTSEV
1968Valentina Petrovna MALTSEVA
1938Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
22/09/2020
23/07/2020
6,000
34448/18
12/07/2018
Household
Aleksandr Vasilyevich KASARAKIN
1970Raisa Georgiyevna SOMINA
b:1941
d: 2020
Radnayeva Nadezhda Valeryevna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility .
09/10/2020
24/08/2020
6,000
(to be paid to
Mr Kasarakin )
35670/18
06/11/2018
Aleksey Vladimirovich NIKOLAYEV
1981Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility .
09/10/2020
03/08/2020
6,000
40813/18
13/08/2018
Aleksandr Mikhaylovich KOTOV
1965Art. 13 - lack of any effective remedy in domestic law - in respect o f allocation to a remote colony;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - the applicant alleged that since 20/07/2017 he has been subject to a permanent video surveillance in the living premises of the colony .
22/09/2020
06/07/2020
6,000
41661/18
26/04/2018
Sergey Venidiktovich NAUMOV
1967Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
18/09/2020
17/07/2020
6,000
45512/18
28/11/2018
Sergey Aleksandrovich KULIKOV
1975Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
09/10/2020
24/08/2020
6,000
52109/18
09/01/2019
Igor Gennadyevich MOROZOV
1981
18/09/2020
11/08/2020
6,000
52152/18
25/10/2018
Household
Viktor Sergeyevich KOSTENETSKIY
1982Natalya Sergeyevna KOSTENETSKA
1976Mezak Ernest Aleksandrovich
Syktyvkar
Art. 3 - inadequate conditions of detention of disabled inmates - the first applicant had a part of left leg amputated. He did not receive proper prosthetic treatment during his detention. The Medical Expert Bureau developed an individual rehabilitation program for the first applicant, stating that a prosthetic leg should be provided to him; that he should be given orthopaedic shoes for his healthy leg; and special shoes for the prosthetic leg. He has not been given them until his r elease from IK-6 Kirov Region;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - taking into account his personal situation of a disabled inmate .
20/10/2020
20/10/2020
7,800
1394/19
04/02/2019
Mikhail Agoylinovich KAZAKBAYEV
1964
09/10/2020
30/09/2020
6,000
12972/19
31/07/2019
Vitaliy Vladimirovich KABANOV
1979Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
18/09/2020
08/07/2020
6,000
13679/19
10/07/2019
Sergey Alekseyevich BURDAKIN
1971Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 3 – inadequate conditions of detention - Poor conditions of detention in the prison hospital LIU-35 Khakasiya Republic, until September 2019; poor quality of food, lack of privacy for toilet .
03/09/2020
18/09/2020
6,000
18354/19
08/10/2019
Konstantin Viktorovich MERZLYAKOV
1990Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility .
09/10/2020
03/08/2020
6,000
23555/19
17/04/2019
Alimaa Olegovna KHENEN
1980Kozhevnikova Yelena Zafirovna
Nizhniy Tagil
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
18/09/2020
01/07/2020
6,000
28872/19
17/07/2019
Igor Yevgenyevich PANKO
1965Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
22/09/2020
29/06/2020
6,000
53423/19
24/09/2019
Dmitriy Aleksandrovich PALAUKHIN
1979Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
03/09/2020
15/09/2020
6,000
54438/19
26/09/2019
Vyacheslav Vladimirovich PAVLETSOV
1983Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
03/09/2020
14/09/2020
6,000
62567/19
15/11/2019
Ruslan Nikolayevich ODINARTSEV
1992Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
27/10/2020
04/09/2020
6,000
5215/20
24/12/2019
Aleksey Aleksandrovich ORLOV
1981Lyubimkin Sergey Ivanovich
Nizhniy Novgorod
20/10/2020
16/09/2020
6,000
6375/20
09/01/2020
Dmitriy Mikhaylovich KURBATOV
1977
27/10/2020
15/10/2020
6,000
7605/20
17/01/2020
Andrey Olegovich NIKITIN
1983
27/10/2020
02/10/2020
6,000
9096/20
23/01/2020
Gurgen Gagikovich KOSTANYAN
1984Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
27/10/2020
05/10/2020
6,000
10528/20
31/01/2020
Aslan Abdulmedzhidovich MUSLIMOV
1977
27/10/2020
18/08/2020
6,000
13742/20
14/02/2020
Zhanna Fedorovna MIRISHANOVA
1968Galtseva Margarita Valeryevna
Saratov
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
20/10/2020
11/09/2020
6,000
14784/20
12/03/2020
Aleksey Yuryevich KURDYUKOV
1976Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony .
27/10/2020
31/08/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.