KISLYKH AND OTHERS v. RUSSIA
Doc ref: 22223/17, 60796/17, 71787/17, 83812/17, 1807/18, 4921/18, 12920/18, 21506/18, 21649/18, 22892/18, 23... • ECHR ID: 001-196240
Document date: August 29, 2019
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THIRD SECTION
DECISION
Application no. 22223/17 Sergey Sergeyevich KISLYKH against Russia and 13 other applications
(s ee appended table)
The European Court of Human Rights (Third Section), sitting on 29 August 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, 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 (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 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 19 September 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 )
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]
22223/17
28/02/2017
Sergey Sergeyevich
Kislykh
23/04/1984
10/01/2018
07/03/2018
5,250
60796/17
08/08/2017
Yevgeniy Vladimirovich Naymushin
22/01/1985
20/03/2018
08/05/2018
4,500
71787/17
12/09/2017
Aleksandr Vladimirovich Romanov
07/03/1977
20/03/2018
08/05/2018
4,840
83812/17
08/11/2017
Zaur Magomed Ogly Buliyev
22/08/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
22/01/2019
4,500
1807/18
14/03/2018
Aleksey Sergeyevich Kravchenko
10/02/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
12/12/2018
4,500
4921/18
29/12/2017
Aleksandr Petrovich Shmatov
14/06/1981
Born Aleksandr Viktorovich
Kineshma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
23/07/2018
26/09/2018
4,500
12920/18
26/02/2018
Yevgeniy Vladimirovich Skorykh
07/10/1976
04/10/2018
02/01/2019
4,500
21506/18
04/04/2018
Sergey Viktorovich Matskevich
09/06/1986
30/10/2018
14/01/2019
4,500
21649/18
20/04/2018
Biaslan Vazhayevich Tibilov
20/06/1984
30/10/2018
08/01/2019
4,500
22892/18
10/04/2018
Oleg Viktorovich
Burov
11/07/1989
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
17/12/2018
4,500
23145/18
08/05/2018
Eduard Gayyaryevich Shabanov
21/08/1977
25/01/2019
07/03/2019
4,500
25194/18
14/05/2018
Andrey Borisovich
Kozlov
12/06/1974
25/01/2019
14/05/2019
4,500
35079/18
11/07/2018
Ivan Nikolayevich Kochetkov
11/04/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/03/2019
15/04/2019
4,500
35158/18
08/06/2018
Denis Olegovich
Maslov
13/07/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
11/03/2019
20/05/2019
5,250
[i] . Plus any tax that may be chargeable to the applicants.