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KIRYAYEV AND OTHERS v. RUSSIA
Doc ref: 6205/11;6938/13;43174/13;17545/15;5961/16;40408/16;42272/16;42298/16 • ECHR ID: 001-177520
Document date: September 7, 2017
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KIRYAYEV AND OTHERS v. RUSSIA
Doc ref: 6205/11;6938/13;43174/13;17545/15;5961/16;40408/16;42272/16;42298/16 • ECHR ID: 001-177520
Document date: September 7, 2017
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 6205/11 Roman Anatolyevich KIRYAYEV against Russia and 7 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 7 September 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 as regards the complaints concerning the inadequate conditions of detention and the other complaints under well-established case-law (see appended table) .
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 well-established case-law (see appended table) ;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 28 September 2017 .
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]
6205/11
17/11/2010
Roman Anatolyevich Kiryayev
18/07/1962
05/12/2012
13/08/2013
4,415
6938/13
18/01/2013
Marsel Rustamovich Aliyev
21/10/1978
Mazitov Tokhir Fedorovich
St Petersburg
Art. 3 - inadequate conditions of detention during transport - poor conditions of transport in a prison van during pre-trial investigation and trial; period between April 2011 and August 2012
12/01/2017
24/03/2017
6,000
43174/13
03/06/2013
Sergey Olegovich Bochkarev
06/11/1989
Art. 3 - inadequate conditions of detention during transport - poor conditions of transport between detention facilities (train) and poor conditions of detention in transit,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
12/01/2017
28/03/2017
6,000
17545/15
25/03/2015
Stanislav Vladimirovich Soldatov
16/05/1981
12/01/2017
10/04/2017
4,740
5961/16
15/11/2015
Roman Aleksandrovich Dichko
17/03/1979
12/01/2017
31/03/2017
3,500
40408/16
02/07/2016
Kirill Yuryevich Pavlov
04/06/1978
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
18/01/2017
24/03/2017
6,875
42272/16
08/07/2016
Mikhail Viktorovich Kurguzov
29/12/1986
Vinogradov Aleksandr Vladimirovich
Kostroma
17/01/2017
10/03/2017
4,000
42298/16
04/07/2016
Aleksandr Yuryevich Tsyganov
24/03/1961
Vinogradov Aleksandr Vladimirovich
Kostroma
17/01/2017
21/03/2017
4,000
[i] . Plus any tax that may be chargeable to the applicants.
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