MATVIYENKO AND OTHERS v. RUSSIA
Doc ref: 44255/17, 64678/17, 69109/17, 6939/18, 9057/18, 9081/18, 11153/18, 13803/18, 19330/18, 19441/18, 197... • ECHR ID: 001-193307
Document date: April 25, 2019
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THIRD SECTION
DECISION
Application no. 44255/17 Petr Alekseyevich MATVIYENKO against Russia and 13 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 25 April 2019 as a Committee composed of:
Alena Poláčková , President, Dmitry Dedov , Jolien Schukking , 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. 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 case s .
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 application s out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 16 May 2019 .
Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President
APPENDIX
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [1]
44255/17
10/01/2018
Petr Alekseyevich Matviyenko
02/01/1995
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
18/09/2018
7,000
64678/17
04/12/2017
Maksim Valeryevich Pronin
24/11/1975
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
25/09/2018
5,250
69109/17
21/11/2017
Pavel Aleksandrovich Yefimenko
24/09/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
04/10/2018
7,000
6939/18
13/03/2018
Aleksandr Sergeyevich Saburov
14/06/1987
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
04/10/2018
04/02/2019
1,730
9057/18
19/03/2018
Eduard Andreyevich Bobarykin
22/03/1989
02/10/2018
21/01/2019
3,920
9081/18
29/03/2018
Aleksey Viktorovich Ilyasov
16/07/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
02/10/2018
09/01/2019
8,750
11153/18
10/02/2018
Dmitriy Aleksandrovich Larshin
26/07/1985
04/10/2018
13/12/2018
11,500
13803/18
04/02/2018
Denis Aleksandrovich Sharkov
13/04/1992
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
04/10/2018
05/12/2018
4,750
19330/18
03/04/2018
Maksim Pavlovich Yefimov
28/04/1991
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
02/10/2018
11/12/2018
3,555
19441/18
30/03/2018
Aleksandr Fakhrad-zade Semenchenko
08/06/1994
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
02/10/2018
03/01/2019
2,460
19780/18
09/04/2018
Yegor Dmitriyevich Reginya
20/11/1986
Art. 3 - inadequate conditions of detention during transport - transport in overcrowded van to take part in investigative actions or court hearings in the period between 11/05/2017 and 28/11/2017,
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport between 11/05/2017 and 28/11/2017
02/10/2018
26/11/2018
4,920
19789/18
09/04/2018
Shokhin Shakhriyerovich Murodov
29/05/1980
Art. 3 - inadequate conditions of detention during transport - transport by overcrowded van to take part in investigative actions or court hearings in the period between 11/05/2017 and 28/11/2017,
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport between 11/05/2017 and 28/11/2017
02/10/2018
28/11/2018
4,920
19795/18
09/04/2018
Sergey Vladimirovich Vlasov
18/01/1991
Art. 3 - inadequate conditions of detention during transport - transport by overcrowded van to taken part in investigative actions or court hearings in the period between 06/10/2016 and 16/11/2017,
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and transport between 06/10/2016 and 16/11/2017
02/10/2018
28/11/2018
6,750
20856/18
16/04/2018
Artem Dmitriyevich Ponomarev
13/02/1986
02/10/2018
06/12/2018
1,730
[1] . Plus any tax that may be chargeable to the applicants.