THIRD SECTION

DECISION

Application no. 28298/17 Sergey Aleksandrovich APRELKOV against Russia and 2 other applications

( s ee appended table)

The European Court of Human Rights (Third Section), sitting on 25 June 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 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 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 that certain periods of the applicants ’ detention were in violation of the guarantees of Article 3 of the Convention. 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 inadequate conditions of detention, insofar as they were covered by the unilateral declarations, and the other complaints under the well-established case-law (as listed in the appended table).

The applicant s also complained about conditions of their detentions during other periods not covered by the Government ’ s unilateral declarations.

The Court has examined those complaints and finds that the applicants should avail themselves of the new remedy introduced in the Russian Federation, which the Court declared effective in its recent decision of Shmelev and Others v. Russia ((dec.), nos. 41743/17 and 16 others, 17 March 2020).

It follows that this part of the applications 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 inadequate conditions of detention, insofar as they are covered by the unilateral declarations, as well as the other complaints under the well-established case law (as listed in the appended table) ;

Declares the remainder of the applications inadmissible.

Done in English and notified in writing on 16 July 2020 .

Liv Tigerstedt Alena Poláčková 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

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 and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

28298/17

04/04/2017

Sergey Aleksandrovich APRELKOV

28/05/1982

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -

29/09/2017

20/12/2017

9,000

26040/18

19/05/2018

Vitaliy Vladimirovich ILYIN

26/01/1991

Vinogradov Aleksandr Vladimirovich

Kostroma

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -

10/01/2019

15/03/2019

1,000

27377/18

23/05/2018

Aleksandr Igorevich LEONOV

15/05/1956

Gayevskiy Aleksandr Sergeyevich

St Petersburg

25/01/2019

02/04/2019

3,555

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