SOKOLOV AND OTHERS v. RUSSIA
Doc ref: 61464/15;55985/16;17243/17;28671/17;33080/17;42095/17;42231/17;42417/17;45986/17 • ECHR ID: 001-185240
Document date: July 5, 2018
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THIRD SECTION
DECISION
Application no. 61464/15 Nikita Nikolayevich SOKOLOV against Russia and 8 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 5 July 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 .
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 26 July 2018 .
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 name
Date of birth
Representative 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]
61464/15
03/12/2015
Nikita Nikolayevich Sokolov
15/05/1977
Semenov Maksim Vladimirovich
St Petersburg
Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport and detention in convoy cells on dates of hearings, starting from the date of the arrest and throughout the criminal proceedings;
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention of the applicant during court hearings in a metal cage throughout the criminal proceedings against him both before the Smolnichkiy District Court in St Petersburg and Oktyabrskiy District Court;
Art. 5 (4) - excessive length of judicial review of detention - detention order of 01/07/2015, 08/07/2015 and 30/09/2015 examined on 08/09/2015, 16/09/2015 and 25/11/2015, respectively; detention order of 30/12/2015 upheld on appeal on 03/02/2016; detention order of 04/02/2016 examined on appeal on 01/03/2016; detention order of 03/03/2016 examined on 12/04/2016;
Art. 5 (3) - excessive length of pre-trial detention - detention without sufficient reasoning for a long period of time on a non-violent charge and without due consideration of alternative measures of restraint.
16/01/2018
23/03/2018
8,000
55985/16
13/09/2016
Anatoliy Sergeyevich Sinyavin
05/07/1993
Budkevich Tatyana Georgiyevna
Pervouralsk
01/02/2018
04/04/2018
4,285
17243/17
30/05/2017
Viktor Vasilyevich Andreyev
23/02/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
01/02/2018
09/04/2018
3,555
28671/17
18/04/2017
Marlen Gennadyevich Abroliani
24/11/1979
Magomedova Roza Saidovna
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention. Lengthy pre-trial detention (between 08/10/2015 and 27/04/2017);
Art. 5 (4) - excessive length of judicial review of detention - Lengthy review of pre-trial detention order issued on 26/10/2016 (49 days).
16/01/2018
12/03/2018
7,500
33080/17
05/06/2017
Aleksandr Mikhaylovich Sidorov
08/02/1993
13/02/2018
09/04/2018
5,500
42095/17
24/05/2017
Vyacheslav Valentinovich Finogenov
25/04/1968
Stasyuk Olga Andreyevna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.
16/01/2018
20/04/2018
8,500
42231/17
24/05/2017
Salumatsho Tolibovich Khushunov
09/07/1983
16/01/2018
08/03/2018
11,500
42417/17
28/07/2017
Yevgeniy Stanislavovich Chikishev
13/08/1988
01/02/2018
15/03/2018
2,460
45986/17
13/06/2017
Aleksey Aleksandrovich Zakamaldin
08/08/1988
16/01/2018
04/04/2018
6,000
[i] . Plus any tax that may be chargeable to the applicants.