THIRD SECTION

DECISION

Application no. 30103/16 Ilgiz Railyevich YAKHIN against Russia and 14 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 19 November 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 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.

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. 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 the part covered by the parties ’ agreement .

In view of the above, it is appropriate to strike the case s out of the list as regards the complaints concerning the excessive length of pre-trial detention, as well as the other complaints under the well-established case-law as listed in the appended table and covered by the Government ’ s unilateral declarations .

The applicant s in applications nos. 30103/16, 54310/18 and 54188/19 also raised other complaints under various articles of the Convention.

The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of application s nos. 30103/16, 54310/18 and 54188/19 must be rejected in accordance with Article 35 § 4 of the Convention.

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 as regards the complaints concerning the excessive length of pre-trial detention and the other complaints under the well-established case-law, as listed in the appended table ;

Declares the remainder of applications nos. 30103/16, 54310/18 and 54188/19 inadmissible.

Done in English and notified in writing on 10 December 2020 .

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]

30103/16

17/05/2016

Ilgiz Railyevich YAKHIN

1992Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal cage during hearings before the Nefteyuganskiy District Court of the Khanty- Mansy Region and before the Khanty- Mansy Regional Court between 24/04/2013 to 17/02/2016.

10/06/2020

06/08/2020

5,060

54310/18

10/11/2018

Pavel Vladimirovich YEMELYANENKO

1989Osipovich Viktor Viktorovich

Moscow

18/03/2020

01/07/2020

1,450

13449/19

20/02/2019

Vasiliy Vladimirovich BELIKOV

1986Art. 5 (4) - excessive length of judicial review of detention - excessive length of judicial review of the detention orders dated 26/06/2018 (upheld on 22/08/2018) and 09/10/2018 (upheld on 05/12/2018); and 19/03/2019 (upheld on 08/05/2019).

10/04/2020

21/07/2020

4,300

18685/19

17/06/2019

Erik Iskoyevich MIRZOYAN

1992Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport on a number of occasions in prison vans and detention transit cells from 09/02/2018 to 18/04/2019; overcrowding, passive smoking, mouldy or dirty cell.

18/03/2020

11/05/2020

2,200

26991/19

19/03/2019

Aleksandr Aleksandrovich PETROV

1980

18/03/2020

23/06/2020

2,600

32713/19

11/06/2019

Yuriy Yuryevich YANCHENKO

1980Denisov Dmitriy Arkadyevich

Astrakhan

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage in the course of the hearings in the Sovetskiy District Court of Astrakhan and Astrakhan Regional Court between 05/08/2017 - 11/04/2019;

Art. 3 - inadequate conditions of detention - inhuman conditions of detention in IZ-1 Astrakhan Region between 07/08/2017-22/05/2019 (no ventilation, lack of fresh air, infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, no or restricted access to potable water).

10/04/2020

21/08/2020

10,100

49573/19

06/09/2019

Konstantin Nikolayevich DANILOCHKIN

1990Chumak Nikita Vladimirovich

Moscow

10/06/2020

11/08/2020

2,240

50792/19

16/09/2019

Nina Aleksandrovna SUSLOVA

1981Avanesyan Aleksey Viktorovich

Krasnodar

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the hearings before the Leninskiy District Court of Krasnodar and Krasnodar Regional Court; on numerous occasions since 08/06/2019.

10/04/2020

06/07/2020

1,600

52686/19

27/09/2019

Sergey Yuryevich MIRONOV

1989Dobrodeyev Aleksey Vladimirovich

St Petersburg

Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport in prison vans and transit cells on a number of occasions from 28/04/2017 to 28/03/2019; overcrowding; restricted access to toilet;

Art. 13 - lack of effective remedy against placement in metal cages and inadequate conditions of transportation;

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage on a number of occasions in court hearings before the Vyborgskiy District Court of St Petersburg and before the St Petersburg City Court, including by way of video conference, in the period from 28/04/2017 to 24/09/2019.

10/04/2020

18/09/2020

5,000

53457/19

02/10/2019

Denis Viktorovich KOLESNIKOV

1975

10/06/2020

27/07/2020

1,680

54188/19

07/10/2019

Dmitriy Igorevich DEDOVICH

1986Golub Olga Viktorovna

Suzemka

Art. 3 - inadequate conditions of detention - detention in IZ-77/4 Moscow from 15/03/2018 to 09/12/2019;

Art. 3 - inadequate conditions of detention during transport - transport by van and detention in a transit cell from 26/01/2017on numerous occasions and until 09/12/2019; 0.3 m² per inmate;

Art. 5 (4) - excessive length of judicial review of detention - the applicant ’ s appeal against the extension order of 18/02/2019, lodged on 20/02/2019, was examined on 11/04/2019 (44 days later). The applicant ’ s appeal against the extension order of 15/04/2019, lodged on 18/04/2019, was examined on 30/05/2019

(35 days later).

10/04/2020

23/07/2020

12,350

56695/19

10/10/2019

Artem Ruslanovich BARKIN

1984Minenkov Sergey Aleksandrovich

Moscow

Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions during the court proceedings until 17/04/2019 by van and detention in convoy cell , overcrowding, lack of or insufficient natural light, lack of fresh air;

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings before the Tverskoy District Court in Moscow and Moscow City Court (by way of videoconference).

10/04/2020

22/07/2020

4,050

57995/19

28/10/2019

Vladimir Aleksandrovich ABRAMOV

1992Sharin Sergey Valeryevich

Arkhangelsk

10/06/2020

20/08/2020

2,170

60449/19

13/11/2019

Anton Pavlovich SAMOYLOV

1972Karakasiyan Artem Vaniyanovich

Moskva

Art. 3 - use of metal cages and/or other securi ty arrangements in courtrooms. Detention in a metal cage on multiple occasions during the appellate hearings held at the Moscow City Court through videoconference.

10/06/2020

30/07/2020

2,000

64578/19

28/11/2019

Ruslan Rastemovich USMANOV

1991

10/06/2020

19/08/2020

3,920

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