YAKOVLEVA AND OTHERS v. RUSSIA
Doc ref: 17742/08;64862/13;7992/15;52441/15;53052/15;8994/16;9758/16;12094/16;26644/16 • ECHR ID: 001-174457
Document date: May 11, 2017
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THIRD SECTION
DECISION
Application no. 17742/08 Lyudmila Petrovna YAKOVLEVA against Russia and 8 other applications (see appended table)
The European Court of Human Rights (Third Section), sitting on 11 May 2017 as a Committee composed of:
Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges,
and Karen Reid, 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 other complaints under the well-established case-law as listed in the appended table .
Some applicants (cases nos. 7992/15 and 9758/16) also raised other complaints under various articles of the Convention.
The Court has examined the applications 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 nos. 7992/15 and 9758/16 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 other complaints under the well-established case-law as listed in the appended table ;
Declares the remainder of the applications nos. 7992/15 and 9758/16 inadmissible.
Done in English and notified in writing on 8 June 2017 .
Karen Reid Luis López Guerra 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]
17742/08
12/02/2008
Lyudmila Petrovna Yakovleva
29/04/1960
Art. 3 - inadequate conditions of detention during transport - Van Nizhniy Novgorod Region 0.15 sq. m. 01/01/2005-18/09/2008 1 hour 40 minutes – 4 hours trip, poor heating, no ventilation
Transit cell in IZ-52/1 Niz hniy Novgorod 0.5 sq. m. 01/01/2004-18/09/2008 8 hours, constant cigarette smoke;
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/07/2016
02/09/2016
9,250
64862/13
27/07/2013
Aleksey Borisovich Yablokov
21/03/1975
Lebedev Gennadiy Vyacheslavovich
St Petersburg
15/09/2016
09/11/2016
8,250
7992/15
02/11/2015
Mikhail Yuryevich Glukharev
28/12/1972
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was placed in cage in the courthouse between 29/10/2014 and 25/06/2015,
Art. 13 - lack of any effective remedy in domestic law - Concerning placement in cage in the courthouse,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
13/07/2016
12/09/2016
5,500
52441/15
12/10/2015
Ivan Vladimirovich Mishchenkov
19/07/1987
Magomedova Roza Saidovna
Moscow
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
15/09/2016
09/11/2016
9,000
53052/15
12/10/2015
Vadim Viktorovich Kotov
23/10/1977
Golub Olga Viktorovna
Suzemka
Art. 3 - inadequate conditions of detention during transport
15/09/2016
09/11/2016
9,000
8994/16
03/02/2016
Ilya Igorevich Boltenko
29/11/1989
Semenov Maksim Vladimirovich
St Petersburg
Art. 5 (4) - excessive length of judicial revie w of detention - decisions of 8 October and 13 November 2015 were only examined on 18 November and 30 December 2015 accordingly,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
26/10/2016
31/01/2017
4,500
9758/16
08/02/2016
Dmitriy Sergeyevich Astashkov
18/09/1983
Art. 3 - inadequate conditions of detention during transport
26/10/2016
10/01/2017
4,500
12094/16
19/04/2016
Nikita Yaroslavovich Blazhin
15/10/1991
26/10/2016
15/02/2017
8,250
26644/16
25/04/2016
Andrey Vyacheslavovich Chikalev
05/02/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
26/10/2016
31/01/2017
4,545
[i] . Plus any tax that may be chargeable to the applicants.