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ČERNYŠOVAS AND OTHERS v. LITHUANIA - [Lithuanian Translation] by the Ministry of Justice of the Republic of Lithuania
Doc ref: 3168/21;3297/21;10342/21;14137/21;14145/21;28146/21;35313/21;42082/21 • ECHR ID: 001-220644
Document date: October 6, 2022
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ČERNYŠOVAS AND OTHERS v. LITHUANIA - [Lithuanian Translation] by the Ministry of Justice of the Republic of Lithuania
Doc ref: 3168/21;3297/21;10342/21;14137/21;14145/21;28146/21;35313/21;42082/21 • ECHR ID: 001-220644
Document date: October 6, 2022
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 3168/21 Viktoras ÄŒERNYÅ OVAS against Lithuania and 7 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 6 October 2022 as a Committee composed of:
Jovan Ilievski, President ,
Gilberto Felici,
Diana Sârcu, judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the 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 Lithuanian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Lithuania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will 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 undertake 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 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 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 a 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 27 October 2022.
Viktoriya Maradudina Jovan Ilievski Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [1]
3168/21
10/12/2020
Viktoras ÄŒERNYÅ OVAS
1987
05/07/2022
30/03/2022
3,100
3297/21
05/02/2021
Stefan RADKEVIÄŒIUS
1995
05/07/2022
30/03/2022
6,500
10342/21
30/01/2021
Piotr GERVIN
1984
05/07/2022
01/04/2022
15,600
14137/21
27/02/2021
Marek RASOMACKIJ
1979
05/07/2022
01/04/2022
7,600
14145/21
26/02/2021
Edgaras VYÅ NIAUSKAS
1979
05/07/2022
09/05/2022
6,800
28146/21
17/05/2021
Tomas MARTINKA
1987
05/07/2022
11/04/2022
12,600
35313/21
30/06/2021
Darek VALENTINOVIČ
1988
05/07/2022
05/04/2022
8,200
42082/21
11/08/2021
Valentinas LEKNICKAS
1991
05/07/2022
01/04/2022
3,300
[1] Plus any tax that may be chargeable to the applicants.
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