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MAZUR AND OTHERS v. RUSSIA

Doc ref: 13059/18;30595/18;33793/18;50000/18;54482/18;8527/19;17336/19;21052/19;21644/19;23734/19 • ECHR ID: 001-203327

Document date: May 28, 2020

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MAZUR AND OTHERS v. RUSSIA

Doc ref: 13059/18;30595/18;33793/18;50000/18;54482/18;8527/19;17336/19;21052/19;21644/19;23734/19 • ECHR ID: 001-203327

Document date: May 28, 2020

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 13059/18 Artemiy Gennadyevich MAZUR against Russia and 9 other applications

( s ee 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 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 .

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 .

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 and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

13059/18

01/02/2018

Artemiy Gennadyevich MAZUR

15/07/1981

15/01/2020

06/03/2020

4,900

30595/18

01/06/2018

Vladimir Ivanovich KRAVTSOV

18/11/1983

25/01/2019

12/03/2019

2,300

33793/18

03/07/2018

Andrey Viktorovich LONIN

06/12/1996

29/05/2019

13/11/2019

2,700

50000/18

27/09/2018

Mikhail Aleksandrovich KUZMIN

05/01/1978

06/12/2019

27/02/2020

1,950

54482/18

02/08/2018

Aleksey Aleksandrovich YASHIN

27/02/1984

15/07/2019

30/09/2019

3,300

8527/19

28/12/2018

Yevgeniy Viktorovich TUMASHEV

01/04/1977

02/10/2019

14/02/2020

4,100

17336/19

14/03/2019

Aleksandr Olegovich SKIRDENKO

18/01/1979

Manyashin Valeriy Viktorovich

Belgorod

02/10/2019

10/01/2020

2,450

21052/19

10/04/2019

Yuriy Petrovich YURKOV

04/01/1982

Ayeshin Dmitriy Alekseyevich

Abakan

02/10/2019

28/11/2019

2,250

21644/19

11/04/2019

Andrey Valeryevich KUZNETSOV

01/10/1976

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 in IZ-77/4 Moscow from 04/10/2016 to 07/01/2019; lack of fresh air, insufficient number of sleeping places, lack of privacy for toilet, no or restricted access to shower, infestation of cell with insects/rodents; less of 3 sq. m of personal space;

in IZ-4 Zlatoust from 09/01/2019 to 15/02/2019 in similar conditions as in Moscow,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms at numerous hearings in the Basmannyy District Court of Moscow; conviction on 15/10/2018,

Art. 3 - inadequate conditions of detention during transport on numerous occasions from the detention facility to take part in investigative actions and to the courthouses from 04/10/2016 to 25/11/2018; van, convoy cells; overcrowding, no or restricted access to toilet, lack of fresh air

02/10/2019

22/11/2019

10,550

23734/19

22/04/2019

Aleksandr Nikolayevich BUGAYEVSKIY

01/09/1973

Shutov Sergey Anatolyevich

Moscow

02/10/2019

02/12/2019

1,200

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

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