Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

CHUDNOVSKIY AND OTHERS v. RUSSIA

Doc ref: 12922/14;6475/16;38759/18 • ECHR ID: 001-207558

Document date: December 3, 2020

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 0

CHUDNOVSKIY AND OTHERS v. RUSSIA

Doc ref: 12922/14;6475/16;38759/18 • ECHR ID: 001-207558

Document date: December 3, 2020

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 12922/14 Dmitriy Mikhaylovich CHUDNOVSKIY against Russia and 2 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 3 of the Convention concerning the inadequate conditions of 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 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 14 January 2021 .

             {signature_p_2}

Liv Tigerstedt Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of 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 declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

12922/14

29/01/2014

Dmitriy Mikhaylovich CHUDNOVSKIY

1983Alekseyeva Natalya Vasilyevna

Krsanoyarsk

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-17 Krasnoyarsk Region during the period of the applicant ’ s detention.

25/09/2020

27/07/2020

5,000

6475/16

20/01/2016

Dmitriy Igorevich KRASNIKOV

1986Egle Denis Sergeyevich

Krasnoyarsk

25/09/2020

28/07/2020

5,000

38759/18

30/07/2018

Sergey Vladimirovich VYSKREBENTSEV

1975Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - Complaint about applicant ’ s placement in a colony some 3,000 km away from his home, making it practically impossible for his parents and underage son to visit him, raised before domestic authorities and courts;

Art. 13 - lack of any effective remedy in domestic law - to complain about placement in a remote colony and in respect of inadequate conditions of detention.

08/10/2020

07/08/2020

6,000

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

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846