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SUKHACHEV AND OTHERS v. RUSSIA
Doc ref: 58765/09;7383/10;63450/10;26167/11;36003/11;44065/12;75867/12;42216/13;43773/15 • ECHR ID: 001-167691
Document date: September 15, 2016
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SUKHACHEV AND OTHERS v. RUSSIA
Doc ref: 58765/09;7383/10;63450/10;26167/11;36003/11;44065/12;75867/12;42216/13;43773/15 • ECHR ID: 001-167691
Document date: September 15, 2016
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 58765/09 Oleg Ivanovich SUKHACHEV against Russia and 8 other applications (see list appended )
The European Court of Human Rights (Third Section), sitting on 15 September 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,
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”) .
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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the inadequate conditions of detention. 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 Court has not received a response from the applicants which accepts the terms of the unilateral declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“ for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see the principles emerging from the Court ’ s case-law, and in particular the Tahsin Acar v. Turkey (preliminary objections) ([GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI)).
The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012 , and Butko v. Russia, no. 32036/10 , §§ 54-64, 12 November 2015).
Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia ( dec. ), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the applications out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Takes note of the terms of the respondent Government ’ s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 6 October 2016 .
Hasan Bakırcı Helena Jäderblom Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth /
Date of registration
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s comments,
if any
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [i]
58765/09
30/09/2009
Oleg Ivanovich SUKHACHEV
24/09/1960
02/11/2015
21/07/2016
6,750
7383/10
06/01/2010
Aleksandr Stepanovich MARGALIK
22/02/1977
02/11/2015
06/07/2016
5,875
63450/10
04/10/2010
Valeriy Borisovich ROSHKOVAN
06/02/1961
02/11/2015
13,500
26167/11
21/03/2011
Aleksandr Vladimirovich VORONTSOV
05/03/1974
02/11/2015
6,375
36003/11
19/05/2011
Aleksandr Svetoslavovich KALENTYEV
01/08/1971
02/11/2015
18/07/2016
7,000
44065/12
19/06/2012
Danila Aleksandrovich FILIPPOV
09/04/1980
02/11/2015
7,250
75867/12
06/11/2012
Khadzhimurad Labazanovich GUSENOV
03/01/1983
02/11/2015
4,870
42216/13
03/06/2013
Vladimir Viktorovich PACHUSHKIN
21/02/1984
02/11/2015
17,375
43773/15
25/08/2015
Vladimir Borisovich BALIKOYEV
23/12/1992
29/04/2016
4,805
[i] Plus any tax that may be chargeable to the applicants.
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