Lexploria

THIRD SECTION

DECISION

Application no. 37147/17 Yevgeniy Gennadyevich DEGTYAREV against Russia and 42 other applications

( s ee appended table)

The European Court of Human Rights (Third Section ), sitting on 30 April 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 the inadequate conditions of 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 insofar as they are covered by the friendly settlement .

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 and other complaints under the well-established case-law, as covered by the unilateral declarations and described in the appended table .

The applicant in application no. 45115/17 also complained about another period of his detention in poor conditions.

The Court has examined those 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. 45115/17 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 inadequate conditions of detention and the other complaints raised under the well-established case-law and covered by the Government ’ s unilateral declarations (see the appended table) ;

Declares the remainder of application no. 45115/17 inadmissible.

Done in English and notified in writing on 4 June 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]

37147/17

10/05/2017

Yevgeniy Gennadyevich DEGTYAREV

08/05/1981

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

03/12/2019

07/02/2020

5,400

42875/17

26/05/2017

Ivan Aleksandrovich STEPANOV

26/02/1978

Ravil Yuryevich MUKHAMEDGALIYEV

24/01/1972

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

16/12/2019

06/02/2020

7,875

45115/17

03/08/2017

Aleksandr Georgiyevich POZDERKE

05/09/1980

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

03/12/2019

10/01/2020

7,650

48379/17

14/08/2017

Oleg Viktorovich TRETYAKOV

25/04/1979

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

03/12/2019

05/02/2020

9,000

67363/17

16/08/2017

Viktor Ivanovich YAKOTSUTS

06/08/1977

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

03/12/2019

09/01/2020

4,500

74009/17

22/01/2018

Pavel Yuryevich IGNATYEV

01/03/1981

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

31/10/2019

09/01/2020

7,200

75856/17

14/10/2017

Yevgeniy Vladimirovich INYAKIN

07/12/1982

16/12/2019

06/02/2020

9,000

78205/17

30/10/2017

Ruslan Valentinovich CHERKASOV

13/09/1978

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

03/12/2019

09/01/2020

4,500

80404/17

01/11/2017

Sergey Sergeyevich DZHUN

27/05/1987

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

03/12/2019

31/01/2020

11,700

6364/18

10/03/2018

Ivan Aleksandrovich DOROKHOV

18/05/1976

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

03/12/2019

03/02/2020

4,950

16360/18

11/05/2018

Denis Vladimirovich GORBUNOV

12/03/1985

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

31/10/2019

29/11/2019

6,525

21533/18

11/04/2018

Nikolay Alekseyevich MAMONTOV

05/10/1978

Malinin Andrey Anatolyevich

Pechora

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

31/10/2019

13/12/2019

8,100

21534/18

11/04/2018

Yevgeniy Yuryevich KOTRUTSA

26/09/1988

Malinin Andrey Anatolyevich

Pechora

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

31/10/2019

13/12/2019

5,625

22418/18

04/04/2018

Dmitriy Aleksandrovich GRIBTSOV

15/03/1978

25/01/2019

25/03/2019

4,500

23216/18

20/04/2018

Aleksandr Vladimirovich TROPIN

30/06/1987

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

25/01/2019

21/03/2019

4,500

27709/18

22/05/2018

Sergey Ivanovich SOKOLENKO

14/08/1986

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

31/10/2019

09/01/2020

4,500

27837/18

29/05/2018

Viktor Sergeyevich SPIRIN

17/10/1989

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

14/01/2019

18/03/2019

4,500

28071/18

05/06/2018

Aleksey Aleksandrovich OSIPOV

23/06/1985

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

25/01/2019

21/03/2019

5,500

28710/18

08/06/2018

Rinat Nurislamovich KARIMOV

17/07/1978

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

31/10/2019

18/12/2019

5,175

31770/18

22/06/2018

Roman Yuryevich SVERCHKOV

01/02/1982

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

31/10/2019

13/12/2019

5,400

42720/18

08/01/2019

Konstantin Anatolyevich SHOKHIN

03/06/1986

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

15/10/2019

10/12/2019

4,500

43008/18

12/11/2018

Denis Vladimirovich BUDYLIN

04/01/1982

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

15/10/2019

21/11/2019

5,960

47365/18

21/09/2018

Andrey Valeryevich MIKHAYLOV

01/02/1983

Malinin Andrey Anatolyevich

Pechora

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 on 2 occasions (round trip to the hospital) on 09/06/2018 and 21/06/2018; by van and train, 0.3 sq. m of personal space; overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet

15/10/2019

03/12/2019

5,750

49310/18

08/10/2018

Aleksandr Sergeyevich DUBENSKIY

07/12/1978

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

15/10/2019

03/12/2019

6,750

50325/18

08/10/2018

Oleg Nikolayevich KLAPOUSHENKO

15/08/1984

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

Art. 3 - inadequate conditions of detention during transport –from 11/05/2018 to 31/07/2018; by train, 0.3 sq. m of personal space, overcrowding

15/10/2019

16/12/2019

6,500

50673/18

12/10/2018

Yevgeniy Andreyevich TKACHENKO

07/02/1989

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

15/10/2019

25/11/2019

4,500

51500/18

18/10/2018

Artem Sergeyevich RUSINOV

22/01/1987

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

15/10/2019

04/12/2019

4,500

52610/18

11/10/2018

Aleksey Borisovich RYZHOV

30/07/1968

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 on 18-19/06/2018; by van and train, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to toilet

15/10/2019

10/12/2019

5,500

57705/18

07/11/2018

Sergey Vasilyevich IZYUROV

09/11/1977

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

15/10/2019

04/12/2019

5,500

57748/18

18/11/2018

Vitaliy Rudolfovich GASPERT

30/07/1974

Andreyev Ashot Aleksandrovich

Syktyvkar

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 on 19/05/2018; by van and train from the detention facility to the prison hospital, 0.4 sq. m of personal space, overnight trip, restricted access to toilet, absence of an individual sleeping place

15/10/2019

16/12/2019

5,500

3855/19

28/11/2018

Gadzhimurad Tadzhidinovich RAMAZANOV

10/10/1984

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

15/10/2019

29/11/2019

4,500

5032/19

21/01/2019

Mikhail Vladimirovich VAKHNIN

17/02/1988

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

15/10/2019

05/12/2019

4,500

5878/19

29/12/2018

Roman Sergeyevich SHANGAREYEV

24/02/1981

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

Art. 3 - inadequate conditions of detention during transport on 07/12/2018; by train

15/10/2019

20/11/2019

7,000

6159/19

17/12/2018

Denis Andreyevich BOYKO

28/05/1993

15/10/2019

04/12/2019

4,500

6422/19

11/01/2019

Sergey Dmitriyevich ORLOV

05/01/1995

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

15/10/2019

20/11/2019

4,500

11467/19

25/01/2019

Anton Yuryevich DYATKINSKIY

28/06/1984

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

16/12/2019

07/02/2020

4,500

13447/19

21/02/2019

Ruslan Dzhamal ogly ALIYEV

03/08/1985

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

15/10/2019

25/11/2019

4,500

13972/19

18/02/2019

Grigoriy Vadimovich SEREBROV

27/02/1996

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 on 15–16/02/2019; by van and train, inadequate temperature, insufficient personal space, overnight trip, no sleeping place, lack of fresh air, no potable water, restricted access to toilets

15/10/2019

03/12/2019

5,950

14183/19

11/02/2019

Ivan Andreyevich KRUGLOV

28/01/1985

Urlashov Aleksey Mikhaylovich

St Petersburg

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

15/10/2019

19/11/2019

5,963

21980/19

01/04/2019

Andrey Mikhaylovich LAZAREV

11/01/1982

Matskevich Sergey Viktorovich

St Petersbourg

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

15/10/2019

09/01/2020

4,500

23454/19

01/04/2019

Aleksandr Gennadyevich VINOKUROV

06/07/1983

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

15/10/2019

10/12/2019

5,175

24774/19

22/04/2019

Yevgeniy Aleksandrovich TERENTYEV

18/05/1987

Andreyev Ashot Aleksandrovich

Syktyvkar

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

15/10/2019

16/12/2019

4,500

27770/19

14/05/2019

Artem Sergeyevich STREMEDLOVSKIY

18/12/1988

15/10/2019

20/11/2019

4,500

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

Menu

DEGTYAREV AND OTHERS v. RUSSIA

DEGTYAREV AND OTHERS v. RUSSIA

LEXI