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MOROZOV AND OTHERS v. RUSSIA

Doc ref: 22497/18, 24164/18, 38151/18, 41379/18, 41381/18, 57436/18, 59326/18, 3860/19, 3881/19, 4739/19, 476... • ECHR ID: 001-203328

Document date: May 28, 2020

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MOROZOV AND OTHERS v. RUSSIA

Doc ref: 22497/18, 24164/18, 38151/18, 41379/18, 41381/18, 57436/18, 59326/18, 3860/19, 3881/19, 4739/19, 476... • ECHR ID: 001-203328

Document date: May 28, 2020

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 22497/18 Dmitriy Valeryevich MOROZOV against Russia and 17 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 28 May 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 applications 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 applicants’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”).

The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the inadequate conditions of detention and lack of effective remedies to complain about it. They offered to pay the applicants the amounts 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 amounts 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 declarations.

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 cases 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 applications.

In view of the above, it is appropriate to strike the cases 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 18 June 2020. _p_2}

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

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]

22497/18

03/05/2018

Dmitriy Valeryevich MOROZOV

01/05/1974

Yefremova Yekaterina Viktorovna

Moscow

16/12/2019

24/02/2020

7,875

24164/18

08/05/2018

Vladimir Yuryevich PANAYEV

20/03/1987

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

5,850

38151/18

14/07/2018

Anton Matveyevich MALININ

27/03/1980

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

6,490

41379/18

27/07/2018

Artem Nikolayevich MARYCHEV

27/04/1982

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

4,740

41381/18

19/08/2018

Sergey Vasilyevich KONSTANTINOV

04/04/1980

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

5,750

57436/18

24/11/2018

Aleksey Vladimirovich DIKTOVICH

04/10/1972

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

4,500

59326/18

30/11/2018

Denis Vladimirovich KROKHIN

06/06/1981

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

4,950

3860/19

16/12/2018

Aleksandr Valeryevich LOSKUTOV

10/11/1986

Valeyev Albert Rafailovich

Nizhniy Tagil

21/01/2020

26/02/2020

6,075

3881/19

28/12/2018

Oleg Aleksandrovich ODEGOV

22/09/1989

Kozhevnikova Yelena Zafirovna

Nizhniy Tagil

21/01/2020

26/02/2020

5,625

4739/19

08/01/2019

Igor Ayrapetovich GRIGORYAN

12/05/1987

Kozhevnikova Yelena Zafirovna

Nizhniy Tagil

21/01/2020

26/02/2020

4,500

4763/19

03/01/2019

Valeriy Vladimirovich BELEBNEV

20/04/1966

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

4,500

4793/19

10/12/2018

Vladimir Nikolayevich GOLUBCHIKOV

08/07/1957

Bayanova Olga Sergeyevna

Severouralsk

21/01/2020

27/02/2020

4,500

11922/19

01/02/2019

Vladimir Aleksandrovich ZHOLOBOV

18/02/1987

Kozhevnikova Yelena Zafirovna

Nizhniy Tagil

21/01/2020

26/02/2020

6,300

11948/19

02/02/2019

Aleksandr Vladimirovich TIMCHENKO

23/07/1982

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

4,500

12931/19

02/02/2019

Vyacheslav Eduardovich TIMCHENKO

29/06/1969

Makhlyagin Yuriy Petrovich

Krasnoturyinsk

21/01/2020

26/02/2020

4,500

18154/19

19/03/2019

Aleksandr Ruslanovich KASHUTIN

10/05/1977

Makhlyagin Yuriy Petrovich

Krasnoturyinsk

21/01/2020

26/02/2020

4,500

30764/19

08/05/2019

Sergey Igorevich USTINOV

18/02/1986

Kozhevnikova Yelena Zafirovna

Nizhniy Tagil

21/01/2020

26/02/2020

4,500

32192/19

29/05/2019

Roman Sergeyevich PANYCH

10/05/1989

Shirokov Oleg Valeryevich

Nizhniy Tagil

21/01/2020

26/02/2020

4,500

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

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