THIRD SECTION

DECISION

Application no. 48901/18 Vladimir Aleksandrovich SULDIN against Russia and 8 other applications

( s ee appended table)

The European Court of Human Rights (Third Section), sitting on 9 July 2020 as a Committee composed of:

Alena Poláčková , President, Dmitry Dedov , Gilberto Felici , 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 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 and the other complaints under the well-established case-law indicated in the appended table.

The applicant in application no. 27240/19 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, these complaints 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 no. 27240/19 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 indicated in the appended table ;

Declares the remainder of application no. 27240/19 inadmissible.

Done in English and notified in writing on 30 July 2020 .

Liv Tigerstedt Alena Poláčková 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

Date 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

non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

48901/18

08/10/2018

Vladimir Aleksandrovich SULDIN

11/10/1976

Mazitov Marat Farukovich

Moscow

Art. 3 - inadequate conditions of detention during transport by vans on numerous occasions between the detention facility and the courthouse from 20/12/2017 to 07/09/2018 and by vans and trains on 16-19/01/2019; overcrowding, lack of safety equipment, lack of or insufficient electric light, lack of fresh air, inadequate temperature, handcuffing during transportation, passive smoking, no or restricted access to potable water, lack or insufficient quantity of food;

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

18/03/2020

27/05/2020

4,500

24781/19

22/04/2019

Aleksandr Andreyevich SHEVCHENKO

15/10/1997

18/03/2020

20/05/2020

1,800

26877/19

11/05/2019

Ruslan Tazhirovich NAZAROV

09/12/1988

Golub Olga Viktorovna

Suzemka

Art. 3 - inadequate conditions of detention in IZ-77/1 and SIZO-12 Moscow from 24/09/2018 to 13/02/2019; inadequate temperature, constant electric light, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding;

Art. 5 (4) - excessive length of judicial review of detention - appeal lodged on 28/11/2018 was only examined on 24/01/2019 - more than 21 days later;

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

Art. 3 - inadequate conditions of detention during transport in a van on a number of occasions between 23/09/2018 and 13/02/2019

18/03/2020

28/05/2020

4,460

27142/19

20/05/2019

Aleksandr Sergeyevich IVANOV

30/05/1975

Tonkonog Aleksandr Nikolayevich

Moscow

18/03/2020

28/05/2020

1,500

27240/19

16/04/2019

Maksim Vladislavovich POLSKIY

10/02/1992

Art. 3 - inadequate conditions of detention during transport in a prison van on multiple occasions from 14/10/2016 and pending, cramped conditions; restricted access to toilet; lack of fresh air

18/03/2020

20/05/2020

4,000

28507/19

28/04/2019

Azat Albertovich NUGAYEV

24/07/1984

Golub Olga Viktorovna

Suzemka

Art. 5 (4) - excessive length of judicial review of detention - the detention order of 03/12/2018 was upheld on appeal on 24/01/2019 (49 days after the appeal had been lodged on 05/12/2018); the detention order of 01/03/2019 was upheld on appeal on 23/05/2019 (79 days after the appeal had been lodged on 04/03/2019);

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

Art. 3 - inadequate conditions of detention during transport in a van on multiple occasions from 30/10/2017 onwards;

Art. 3 - inadequate conditions of detention in IZ-77/6 Moscow from 29/09/2017 to 30/03/2019; less than 2 sq. m of personal space, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to shower, no hygiene items provided, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of privacy for toilet.

18/03/2020

27/05/2020

10,300

29870/19

30/05/2019

Anna Aleksandrovna ZAYTSEVA

24/10/1984

Avanesyan Aleksey Viktorovich

Krasnodar

18/03/2020

22/05/2020

500

43672/19

05/08/2019

Vadim Nikolayevich CHERNYSHEV

19/04/1982

Bessonov Oleg Mikhaylovich

Lipetsk

18/03/2020

04/06/2020

1,200

46555/19

22/07/2019

Konstantin Sergeyevich LUSHKIN

07/03/1987

18/03/2020

10/06/2020

1,350

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