TSIVILEV AND OTHERS v. RUSSIA
Doc ref: 54198/17, 2070/18, 10855/18, 12154/18, 22782/18, 22807/18, 22811/18, 22813/18, 22886/18, 22887/18, 2... • ECHR ID: 001-194723
Document date: June 20, 2019
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THIRD SECTION
DECISION
This version was rectified on 16 July 2019 under Rule 81 of the Rules of Court .
Application no. 54198/17 Aleksey Leonidovich TSIVILEV against Russia and 16 other applications
( s ee appended table)
The European Court of Human Rights (Third Section), sitting on 20 June 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 Article 13 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 Article 13 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 as regards the complaints concerning the inadequate conditions of detention, and the other complaints under the well-established case-law covered by the Government ’ s unilateral declarations (see the attached table) .
The applicant s in applications nos. 54198/17 and 22886/18 also complained about additional periods of detention during which they allegedly had been in poor conditions.
The Court has examined the application s 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 s nos. 54198/17 and 22886/18 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention during the periods covered by the Government ’ s unilateral declarations, as well as the other complaints under the well-established case-law (see the attached table) ;
Declares the remainder of applications nos. 54198/17 and 22886/18 inadmissible.
Done in English and notified in writing on 11 July 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]
54198/17
15/09/2017
Aleksey Leonidovich Tsivilev
16/06/1975
30/10/2018
10/05/2019
4,500
2070/18
26/12/2017
Dmitriy Nikolayevich Naumov
28/01/1986
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
14/09/2018
23/03/2019
4,500
10855/18
12/02/2018
Andrey Vladimirovich Litvintsev
28/01/1971
04/10/2018
08/01/2019
4,500
12154/18
24/02/2018
Rinat Ramayevich Abdeyev
08/08/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
23/11/2018
4,500
22782/18
27/04/2018
Maksim Igorevich Sakmenov
27/02/1997
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
22807/18
03/05/2018
Mikhail Sergeyevich Galaktionov
30/10/1989
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
22811/18
03/05/2018
Roman Viktorovich Denev
15/08/1975
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
22813/18
03/05/2018
Aleksandr Sergeyevich Zverev
06/08/1978
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
22886/18
27/04/2018
Anatoliy Gennadyevich Batygin
27/02/1982
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
22887/18
27/04/2018
Andrey Anatolyevich Kurtyshev
29/03/1970
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
23192/18
16/04/2018
Konstantin Vitalyevich Kalmykov
15/04/1972
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
17/01/2019
23/04/2019
4,500
23627/18
27/04/2018
Aleksey Sergeyevich Sharov
23/06/1991
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
24437/18
10/04/2018
Dmitriy Vladimirovich Borisyuk
07/02/1974
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
24576/18
14/05/2018
Vladimir Leonovich Mikhay
23/09/19 7 4 [1]
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
24582/18
14/05/2018
Sergey Anatolyevich Koshelev
15/08/1971
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
26581/18
08/05/2018
Sergey Nikolayevich Udintsev
12/01/1971
25/01/2019
14/03/2019
5,250
26752/18
28/05/2018
Andrey Aleksandrovich Vedernikov
09/12/1988
29/01/2019
24/04/2019
4,500
[1] Rectified on 16 July 2019: the text was “ Vladimir Leonidovich Mikhay 23/09/1984 ”
[i] . Plus any tax that may be chargeable to the applicants.