THIRD SECTION

DECISION

Application no. 20241/18 Aleksandr Fedorovich BURIK

against Russia

The European Court of Human Rights (Third Section), sitting on 24 October 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 lodged on 27 December 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant ’ s complaints under Article 3 of the Convention, concerning the inadequate conditions of detention during transport on several occasions listed in the appended table, as well as a complaint under Article 13 concerning the absence of an effective remedy to complain about poor conditions of transport, were communicated to the Russian Government (“the Government”) .

Subsequently , it became clear that similar complaints by the same applicant under Articles 3 and 13 of the Convention concerning the same occasions of transport had been communicated to the Government in the scope of the examination of application no. 6589/18. That application was settled by the parties following a unilateral declaration by the Government which was accepted by the applicant. On 4 April 2019 the Court struck application no. 6589/18 out of its list of cases on the basis of the friendly settlement reached by the parties.

THE LAW

In view of the above, the Court considers that the complaints in the present case have already been dealt with through the settlement in application no. 6589/16. It follows that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine .

Accordingly, the application should be struck out of the list .

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases .

Done in English and notified in writing on 14 November 2019 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention ( inadequate conditions of detention during transport )

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Means of transport

Start and end date

Sq. m per inmate

Specific grievances

Other complaints under

well-established case-law

20241/18

27/12/2017

Aleksandr Fedorovich Burik

23/06/1976

Van

20/10/2017 to

20/10/2017

train

20/10/2017 to

21/10/2017

van, train

26/11/2017 to

27/11/2017

0.2 m²

0.4 m²

0.4 m²

overcrowding, had to stand during transfer

insufficient number of sleeping places, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, lack of privacy for toilet

no or restricted access to toilet, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, insufficient number of sleeping places

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