FIRST SECTION

DECISION

Application no . 44888/05 Sergey Viktorovich TKACHENKO against Russia and 4 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 18 September 2012 as a Committee composed of:

Linos-Alexandre Sicilianos , President, Anatoly Kovler , Erik Møse , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above applications lodged on the dates set out in the appendix,

Having regard to the declarations submitted by the Government and the applicants ’ acceptance of their terms,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants and their representatives is set out in the appendix.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.

The applicants complained under Article 3 of the Convention about the conditions of their detention in Russian penitentiary facilities.

By letters dated 13 April and 15 and 30 May 2012, the Government informed the Court that they proposed to make a declaration with a view to resolving the issue raised by the applications. They acknowledged that the applicants had been “detained in the conditions which did not comply with the requirements of Article 3 of the Convention” and stated their readiness to pay the following amounts to the applicants as just satisfaction: 3,700 euros (EUR) to Mr Tkachenko , EUR 6,000 to Mr Bordikov , EUR 4,050 to Mr Totorov , EUR 4,000 to Mr Gilmullin , and EUR 9,900 to Mr Shastin . The payment was to cover any pecuniary and non-pecuniary damage, together with any costs and expenses incurred, as well as any tax that may be chargeable. It would be effected within a period of three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that period, the Government undertook to pay simple interest on it, from 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 would constitute the final resolution of the cases.

In their separate letters of 13 and 26 June and 18, 23 and 25 July 2012 , the applicants informed the Court that they agreed to the terms of the Government ’ s declarations.

THE LAW

The Court considers that the applicants ’ express agreement to the terms of the declarations made by the Government shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia ( dec .), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey ( dec .), no. 8243/08, 5 June 2012 ).

The Court 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 its Protocols and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the case s out of the list in accordance with Article 39 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.

André Wampach Linos-Alexandre Sicilianos              Deputy Registrar President

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

44888/05

17/03/2005

Sergey Viktorovich TKACHENKO

09/01/1964

Toguchin

Viktoriya Sergeyevna ILYUKHINA

2552/08

29/11/2007

Viktor Viktorovich BORDIKOV

20/05/1964

Rostov-on-Don

45425/09

19/05/2009

Yevgeniy Borisovich TOTOROV

29/01/1967

Irkutsk

28316/10

01/03/2010

Ruzil Khalilovich GILMULLIN

07/11/1982

Aktanysh

22934/11

01/04/2011

Aleksandr Sergeyevich SHASTIN

27/09/1964

Yekaterinburg

Natalya Valeryevna SUKHAREVA