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KARPIN AND OTHERS v. RUSSIA
Doc ref: 71699/17, 77356/17, 1430/18, 1510/18, 2253/18, 5692/18, 7220/18, 8292/18, 13137/18, 16184/18, 16196/... • ECHR ID: 001-201729
Document date: February 13, 2020
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KARPIN AND OTHERS v. RUSSIA
Doc ref: 71699/17, 77356/17, 1430/18, 1510/18, 2253/18, 5692/18, 7220/18, 8292/18, 13137/18, 16184/18, 16196/... • ECHR ID: 001-201729
Document date: February 13, 2020
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 71699/17 Anton Mikhaylovich KARPIN against Russia and 19 other applications
( s ee appended table)
The European Court of Human Rights (Third Section), sitting on 13 February 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 .
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 5 March 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) [i]
71699/17
22/09/2017
Anton Mikhaylovich KARPIN
19/09/1991
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
03/04/2018
06/06/2018
4,285
77356/17
25/04/2018
Zelimkhan Abdullayevich EDALBIYEV
28/04/1971
Frolova Inessa Igorevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/01/2019
03/04/2019
5,750
1430/18
24/11/2017
Andrey Mikhaylovich TIKHOMIROV
26/10/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/07/2018
03/10/2018
8,500
1510/18
04/12/2017
Rakhmon Ortigaliyevich SAYDAKHMETOV
19/04/1979
16/07/2018
30/11/2018
9,675
2253/18
09/12/2017
Igor Sergeyevich FOKIN
08/12/1998
Stasyuk Olga Andreyevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/07/2018
03/10/2018
1,000
5692/18
20/12/2017
Yevgeniy Nikolayevich LUKYANCHENKO
10/07/1988
10/09/2018
26/10/2018
6,500
7220/18
05/12/2017
Vladislav Nikolayevich TSYMBALYUK
06/02/1984
16/07/2018
09/11/2018
5,750
8292/18
01/02/2018
Aleksey Sergeyevich MARKOV
09/12/1985
10/09/2018
26/10/2018
1,730
13137/18
30/05/2018
Yevgeniy Vladimirovich BABKIN
17/08/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention during transport - 6 round trips from 15/01/2018 to 03/04/2018
09/01/2019
01/04/2019
2,000
16184/18
12/03/2018
Anton Yevgenyevich YEVDOKIMOV
18/08/1977
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
09/01/2019
21/03/2019
9,900
16196/18
12/03/2018
Andrey Vadimovich SHEPOVALOV
28/06/1971
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
09/01/2019
21/03/2019
2,200
16936/18
16/03/2018
Aleksandr Aleksandrovich LARYUKIN
22/05/1977
Yezhov Yevgeniy Sergeyevich
Velikiy Novgorod
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
04/10/2018
06/09/2019
13,500
17130/18
30/03/2018
Boris Arkadyevich KOGAN
21/12/1981
Gorodinskaya Inna Konstantinovna
St Petersburg
09/01/2019
02/04/2019
4,950
23031/18
28/04/2018
Samer Makhmud FRUNZE
24/04/1997
30/10/2018
14/01/2019
5,900
24778/18
14/06/2018
Nodirzhon Abdumanonovich GULMIRZOYEV
30/05/1986
Frolova Inessa Igorevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
25/01/2019
23/03/2019
9,500
26029/18
18/05/2018
Ivan Ivanovich SIBIRTSEV
10/01/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/01/2019
20/03/2019
6,000
26757/18
12/03/2018
Khayreddini Radzhabek KHOMIDZODA
09/09/1994
Konakov Andrey Pavlovich
St Petersburg
16/01/2019
08/04/2019
9,000
27626/18
18/05/2018
Aleksandr Vladimirovich GORBACHEV
12/01/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
09/01/2019
23/03/2019
4,725
27899/18
26/05/2018
Igor Andreyevich ORLOV
25/09/1982
Urlashov Aleksey Mikhaylovich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
16/01/2019
26/03/2019
5,250
28497/18
06/06/2018
Aleksandr Vladimirovich SEVBO
27/12/1982
Potkin Vladimir Yevgenyevich
Arkhangelsk
Art. 3 - inadequate conditions of detention during transport - transport by van and train; from a correctional colony in St Petersburg to a correctional colony in Arkhangelsk; between 28/03/2018 and 21/04/2018; overcrowding; lack of electric and natural light; lack of fresh air; lack of seatbelts and handrails during transportation.
16/01/2019
26/03/2019
4,920
[i] . Plus any tax that may be chargeable to the applicants.
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