SHATILOV AND OTHERS v. RUSSIA
Doc ref: 1397/15;69209/16;78046/16;3552/17;5013/17;8975/17;9284/17;9854/17;11000/17;12698/17 • ECHR ID: 001-180194
Document date: December 7, 2017
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THIRD SECTION
DECISION
Application no. 1397/15 Dmitriy Aleksandrovich SHATILOV 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 (see appended table). 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 as regards the complaints concerning the inadequate conditions of detention and the other complaints under the Court ’ s well-established case-law .
The applicants also raised other complaints under various articles of the Convention.
The Court has examined the applications listed in the appended table 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 the applications 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 applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the inadequate conditions of detention and the other complaints under the Court ’ s well-established case-law (see appended table) ;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 1 1 January 2018 .
Liv Tigerstedt Luis López Guerra 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]
1397/15
15/12/2014
Dmitriy Aleksandrovich Shatilov
20/03/1975
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 3 - inadequate conditions of detention during transport,
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
08/12/2016
4,700
69209/16
10/11/2016
Vladislav Marsovich Khabirov
16/07/1988
Fedoseyev Viktor Viktorovich
Moscow
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant indicates only one date – 12/05/2016,
Art. 3 - inadequate conditions of detention during transport - overcrowding of the cell and van; lack of the privacy of toilet; lack of adequate temperature
30/06/2017
08/09/2017
7,125
78046/16
12/11/2016
Pavel Sergeyevich Trofimov
29/08/1982
Semenov Maksim Vladimirovich
St Petersburg
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom on 17 August and 13 October 2016,
Art. 3 - inadequate conditions of detention during transport - Dates of transportation are not specified. It appears that the applicant has been transported in inadequate conditions several times since 15/08/2016,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
30/06/2017
19/09/2017
6,805
3552/17
19/12/2016
Aleksey Sergeyevich Lyulyushin
09/03/1984
Art. 3 - inadequate conditions of detention during transport - 27/06/2016 - van, transit cell - overcrowding, lack of sufficient natural light, lack of fresh air, passive smoking, lack of food, no access to potable water,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
17/07/2017
29/09/2017
9,000
5013/17
05/12/2016
Yevgeniy Svyatoslavovich Akatov
26/02/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
17/07/2017
09/10/2017
6,500
8975/17
18/01/2017
Sergey Vasilyevich Badin
17/03/1982
17/07/2017
04/09/2017
2,460
9284/17
03/01/2017
Nikolay Vladimirovich Vinogradov
04/05/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
17/07/2017
19/09/2017
6,875
9854/17
19/01/2017
Roman Igorevich Babchuk
07/11/1984
17/07/2017
19/09/2017
6,875
11000/17
28/12/2016
Stanislav Alekseyevich Brekhov
03/05/1982
17/07/2017
19/09/2017
9,750
12698/17
30/01/2017
Yevgeniy Vladimirovich Yulkin
29/06/1988
Konyakov Andrey Pavlovich
St Petersburg
17/07/2017
15/09/2017
15,000
[i] . Plus any tax that may be chargeable to the applicants.