THIRD SECTION

DECISION

Application no. 8881/18 Artem Ivanovich BURMISTROV against Russia and 11 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,

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 Government offered a single unilateral declaration in respect of the two applications from Mr Pandi, applications nos. 29711/18 and 33099/18, acknowledging a violation of both Articles 3 and 13 of the Convention in respect of the episodes of transport described in those applications and offering 1,000 euros in total.

The amount s indicated by the Government in the unilateral declarations, as listed in the appended table, 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 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 as well as the other complaints under the well-established case ‑ law, as listed in the appended table (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 insofar as covered by the Government ’ s unilateral declarations (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 in that part (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 as regards the complaints concerning the inadequate conditions of detention during transport and the other complaints under the well-established case ‑ law, as set out in the Government ’ s unilateral declarations.

The applicant in application no. 8881/18 also complained about other instances of transport under Article 3 of the Convention.

The Court has examined these 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. 8881/18 must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Takes note of the terms of the respondent Government ’ s declarations relating to the inadequate conditions of detention during transport and the other complaints under the well-established case-law (see the appended table) and of the arrangements for ensuring compliance with the undertakings referred to therein;

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

Declares the remainder of application no. 8881/18 inadmissible.

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 during transport )

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

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]

8881/18

11/01/2018

Artem Ivanovich Burmistrov

17/06/1989

26/09/2018

-

1,300

12220/18

07/02/2018

Andrey Aleksandrovich Chebotarev

26/11/1989

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

19/09/2018

09/11/2018

1,000

17500/18

26/03/2018

Oleg Vladimirovich Leshchev

13/06/1960

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

09/10/2018

-

1,000

17696/18

21/03/2018

Nikolay Viktorovich Yemelin

13/04/1984

09/10/2018

26/11/2018

1,000

17750/18

22/03/2018

Igor Nikolayevich Ronzhin

21/06/1976

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

09/10/2018

27/11/2018

1,000

18184/18

18/03/2018

Anonymat

Azat Zaydyatovich Shaydullov

25/11/1967

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

16/10/2018

10/01/2019

1,000

21261/18

12/04/2018

Dmitriy Vladimirovich Zabrodtskiy

03/06/1980

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

16/10/2018

21/01/2019

1,000

23362/18

24/04/2018

Andrey Andreyevich Poturvay

08/09/1984

16/10/2018

22/01/2019

1,000

24625/18

04/05/2018

Yevgeniy Vladimirovich Smirnov

25/05/1976

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

16/10/2018

22/01/2019

1,000

29711/18

21/05/2018

Aleksandr Aleksandrovich Pandi

23/07/1982

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

22/01/2019

-

1,000, covering both application no. 29711/18 and no. 33099/18

33099/18

28/06/2018

Aleksandr Aleksandrovich Pandi

23/07/1982

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

22/01/2019

-

See the award under application no. 29711/18 above

31556/18

13/06/2018

Rovlan Shakhzada-ogly Farzaliyev

13/02/1984

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

29/01/2019

30/04/2019

1,000

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