SHAMADRIN AND OTHERS v. RUSSIA
Doc ref: 47564/08, 14030/09, 57500/09, 64294/09, 52042/11, 65866/11, 71118/11, 2333/12, 3793/12, 21355/12, 56... • ECHR ID: 001-169718
Document date: November 17, 2016
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THIRD SECTION
DECISION
This version was rectified on 12 April and 27 July 2017
under Rule 81 of the Rules of Court.
Application no. 47564/08 Yevgeniy Vladimirovich SHAMADRIN against Russia and 13 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:
Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda , judges,
and Hasan Bakırcı, 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 8 December 2016 .
Hasan Bakırcı Helena Jäderblom 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]
47564/08
17/06/2008
Yevgeniy Vladimirovich SHAMADRIN
07/02/1967
15/03/2016
20/07/2016
5,875
14030/09
19/02/2009
Petr Aleksandrovich GUSKOV
30/03/1973
Lev Nikolayevich IVANOV
Astrakhan
15/03/2016
20/07/2016
10,500
57500/09
21/10/2009
Pavel Vladimirovich SKACHEVSKIY
01/06/1989
Dmitriy Vladimirovich AGRANOVSKIY
Elektrostal
15/03/2016
11/07/2016
12,750
64294/09
30/11/2009
Andrey Nikolayevich MYLOV
05/07/1968
15/03/2016
01/07/2016
6,750
52042/11
18/07/2011
Sergey Viktorovich PILYUGIN
08/03/1963
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
27/07/2016
8,875
65866/11
12/09/2011
Maksim Aleks eyevich [1] GRACHEV
04/09/1987
Andrey Yuryevich BORISOV
18/12/1985
Mikhail Yuryevich KIRILLOV
22/02/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
26/08/2016
3,960
71118/11
01/11/2011
Oleg Aleksandrovich PONKIN
06/08/1965
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
02/08/2016
4,740
2333/12
25/11/2011
Vyacheslav Anatolyevich ZLOKAZOV
02/06/1969
Svetlana Fedorovna
PONOMAREVA
Pervouralsk
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
09/08/2016
9,625
3793/12
23/09/2011
Dmitriy Leonidovich NEPRIZVAN OV [2]
21/07/1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
19/09/2016
8,750
21355/12
05/03/2012
Sergey Nikolayevich STAROSTIN
08/07/1971
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
27/07/2016
3,960
56372/12
25/06/2012
Andrey Leonidovich MALTSEV
18/10/1969
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
09/08/2016
7,375
58437/12
21/08/2012
Konstantin Vladimirovich KOKORIN
27/10/1970
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
18/07/2016
9,625
63128/12
12/09/2012
Yevgeniy Vyacheslavovich
CHALKOV
23/01/1988
Ignatova Yelena Vladimirovna
Moscow
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
18/07/2016
13,750
45649/13
30/06/2013
Mikhail Anatolyevich FILIMONOV
15/11/1973
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention
15/02/2016
28/07/2016
4,740
[1] Rectified on 12 April 2017: the text was " Maksim Aleksandrovich GRACHEV"
[2] Rectified on 27 July 2017: the text was " Dmitriy Leonidovich NEPRIZVALOV”
[i] Plus any tax that may be chargeable to the applicants.