GOLUBEV AND OTHERS v. RUSSIA
Doc ref: 8811/09;65750/11;13392/14;8025/16;17041/16;48415/16;55254/16;69555/16;1182/17;3518/17 • ECHR ID: 001-180087
Document date: December 7, 2017
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THIRD SECTION
DECISION
This version was rectified on 19 June 2018
under Rule 81 of the Rules of Court.
Application no. 8811/09 Aleksandr Valentinovich GOLUBEV against Russia and 9 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 7 December 2017 as a Committee composed of:
Luis López Guerra, President, Dmitry Dedov, Jolien Schukking , judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications 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 applicants ’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants 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 declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
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 amounts 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 amounts 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 declarations.
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 cases 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 applications.
In view of the above, it is appropriate to strike the cases out of the list .
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 .
Done in English and notified in writing on 11 January 2018 .
Liv Tigerstedt Luis López Guerra Acting Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant 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) [i]
8811/09
16/12/2008
Aleksandr Valentinovich Golubev
07/08/1964
Art. 3 - inadequate conditions of detention during transport,
Art. 5 (3) - excessive length of pre-trial detention,
Art. 13 - lack of any effective remedy in domestic law,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
12/09/2016
09/12/2016
6,125
65750/11
23/09/2011
Aleksandr Nikolayevich Savin
17/01/1961
Art. 5 (3) - excessive length of pre-trial detention - 23/02/11- 05/05/12
17/07/2017
18/09/2017
4,500
13392/14
21/01/2014
Aleksey Aleksandrovich Kirin
11/04/1972
Art. 5 (3) - excessive length of pre-trial detention
13/09/2016
29/11/2016
15,000
8025/16
27/01/2016
Aleksandr Radzhiyevich Alekseyev
07/10/1988
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/09/2016
10/01/2017
15,000
17041/16
17/03/2016
Aleksey Yuryevich Krylov
20/03/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/09/2016
29/11/2016
4,090
48415/16
31/10/2016
Igor Yevgenyevich Yakhnin
26/09/1977
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
17/07/2017
19/09/2017
8,250
55254/16
08/11/2016
Vladimir Vladimirovich Levonyuk
29/08/1987
17/07/2017
04/09/2017
8,875
69555/16
05/11/2016
Sergey Sergeyevich Alferov
14/03/1986
30/06/2017
04/09/2017
5,375
1182/17
23/12/2016
Vyacheslav Viktorovich Zhuravlev
01/05/1982
30/06/2017
30/08/2017
3,765
3518/17
13/12/2016
Andrey Aleksandrovich Yelesin
13/06/1973 [1]
17/07/2017
25/09/2017
6,750
[1] Rectified on 19 June 2018: the text was: “13/06/1975”.
[i] . Plus any tax that may be chargeable to the applicants.