KAZARIN AND OTHERS v. RUSSIA
Doc ref: 17250/17;22819/17;27392/17;27561/17;40647/17;40847/17;49931/17;65688/17;69073/17;70395/17 • ECHR ID: 001-187007
Document date: September 13, 2018
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THIRD SECTION
DECISION
Application no. 17250/17 Vladimir Igorevich KAZARIN against Russia and 9 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 13 September 2018 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 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 as regards the complaints concerning the inadequate conditions of detention, as well as other complaints under the well-established case-law as indicated in the appended table .
The applicant in application no. 49931/17 also raised another complaint under Article 3 of the Convention concerning his conditions of detention for the period between 3 June 2015 and 14 December 2015.
The Court has examined this complaint and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint does 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. 49931/17 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 application s out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the inadequate conditions of detention, as well as the other complaints under the well-established case-law as listed in the appended table ;
Declares the remainder of application no. 49931/17 inadmissible.
Done in English and notified in writing on 4 October 2018 .
Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President
APPENDIX
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) [1]
17250/17
31/08/2017
Vladimir Igorevich Kazarin
07/09/1974
Art. 13 - lack of any effective remedy in respect of inade quate conditions of detention
19/03/2018
01/06/2018
5,175
22819/17
04/03/2017
Aleksey Anatolyevich Fedorov
22/10/1979
Zimirev Yevgeniy Ivanovich
Nizhnekamsk
Art. 3 - inadequate conditions of detention during transport – the applicant was transferred from IVS to take part in procedural actions and court hearings between 11 and 20 October 2016,
Art. 13 - lack of any effective remedy in respect of inad equate conditions of detention
16/01/2018
09/04/2018
2,000
27392/17
21/08/2017
Roman Vladimirovich Dubinin
10/12/1983
19/03/2018
11/05/2018
6,525
27561/17
14/06/2017
Vladimir Nikolayevich Sakharov
16/04/1990
03/04/2018
01/06/2018
3,555
40647/17
22/05/2017
Rezabek Khadymovich Nataliyev
21/11/1979
Art. 13 - lack of any effective remedy in respect of inade quate conditions of detention
16/01/2018
21/03/2018
12,750
40847/17
23/05/2017
Dmitriy Aleksandrovich Volkov
15/08/1983
16/01/2018
03/04/2018
2,825
49931/17
10/08/2017
Sergey Anatolyevich Lyubimov
28/02/1976
Art. 13 - lack of any effective remedy in respect of inade quate conditions of detention
03/04/2018
17/05/2018
6,500
65688/17
16/08/2017
Valeriy Aleksandrovich Mayev
21/06/1997
19/03/2018
25/04/2018
5,850
69073/17
29/08/2017
Maksim Viktorovich Nesterenko
31/10/1985
19/03/2018
03/05/2018
10,800
70395/17
09/09/2017
Andrey Vladimirovich Orlovskiy
26/08/1977
Art. 3 - inadequate conditions of detention during transport - Several dates of transport between 11/04/2017 and 18/05/2017 in poor conditions,
Art. 13 - lack of any effective remedy in respect of inade quate conditions of detention
19/03/2018
04/05/2018
5,440
[1] . Plus any tax that may be chargeable to the applicants.