THIRD SECTION

DECISION

Application no. 33975/16 Dmitriy Vasilyevich ALYABYEV against Russia and 5 other applications (see appended table)

The European Court of Human Rights (Third Section), sitting on 24 May 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 during the periods and in facilities indicted in the unilateral declarations. 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 described in the unilateral declarations, as well as other complaints under the well-established case-law listed therein .

The applicant in application no. 43327/17 also raised other complaints under various articles of the Convention.

The Court has examined the 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 43327/17 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 described in the unilateral declarations, as well as other complaints under the well-established case-law listed therein ;

Declares the remainder of application no. 43327/17 inadmissible.

Done in English and notified in writing on 14 June 2018.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

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]

33975/16

12/09/2016

Dmitriy Vasilyevich Alyabyev

03/07/1979

11/05/2017

19/09/2017

5,625

53476/16

16/02/2017

Dmitriy Aleksandrovich Yersh

06/01/1979

12/10/2017

08/12/2017

4,650

56007/16

07/09/2016

Aleksey Pavlovich Matveyev

21/09/1974

Art. 5 (3) - excessive length of pre-trial detention,

Art. 5 (4) - excessive length of judicial review of detention,

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -

11/05/2017

20/09/2017

8,000

41370/17

10/05/2017

Dmitriy Anatolyevich Vopylev

25/10/1983

Antonova Yekaterina Vladimirovna

St Petersburg

10/01/2018

15/03/2018

2,095

42924/17

31/05/2017

Mikhail Aleksandrovich Vladimirov

07/08/1985

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -

10/01/2018

22/03/2018

2,825

43327/17

05/04/2017

Maksim Eduardovich Butakov

30/04/1988

10/01/2018

09/03/2018

8,250

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