THIRD SECTION

DECISION

Application no. 79828/17 Sergey Olegovich YERYSHKANOV against Russia and 5 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 28 November 2019 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,

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 during transport 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 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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention

The Government acknowledged the inadequate conditions of detention during transport . In some of the applications, they further acknowledged that the domestic authorities had violated the applicant s ’ rights guaranteed by other provisions of the Convention (see the appended table). 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 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 case s .

The applicant s were sent the terms of the Government ’ s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicant s accepting the terms of the declarations.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant s wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention during transport (see, for example, Idalov v. Russia [GC], no. 5826/03, §§ 103-108, 22 May 2012).

Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

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;

Takes note of the terms of the respondent Government ’ s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 19 December 2019 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention during transport )

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 comments, if any

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [i]

79828/17

07/11/2017

Sergey Olegovich Yeryshkanov

07/10/1984

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.

11/06/2018

-

1,000

1034/18

30/01/2018

Dmitriy Mikhaylovich Shmarlovskiy

07/09/1988

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.

19/09/2018

31/10/2018

1,000

1631/18

11/12/2017

Ivan Igorevich Marchev

27/11/1992

Kovaleva Yana Viktorovna

Kazan

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.

11/06/2018

27/07/2018

1,000

2958/18

27/11/2017

Rostislav Olegovich Shchelchkov

07/12/1981

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.

11/06/2018

27/07/2018

1,000

7988/18

11/01/2018

Petr Nikolayevich Cherkas

08/10/1986

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport.

19/09/2018

12/11/2018

1,000

22019/18

05/04/2018

Ilvir Khatypovich Zaynetdinov

30/08/1980

16/10/2018

-

1,000

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