DEZHIN AND OTHERS v. RUSSIA (European Court of Human Rights)

Last Updated on April 28, 2019 by LawEuro

THIRD SECTION
DECISION

Application no. 29253/17
Dmitriy Aleksandrovich DEZHIN against Russia
and 9 other applications
(see appended table)

The European Court of Human Rights (Third Section), sitting on 21 March 2019 as a Committee composed of:

Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,

and Liv Tigerstedt, Acting 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 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 (see the appended table). 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, as well as the other complaints under the well-established case-law, covered by the Government’s declarations and listed in the appended table.

The applicant in application no. 6315/18 also complained about conditions of his detention during another period, not covered by the Government’s unilateral declaration.

The Court has examined the application 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, that complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.

It follows that this part of the application 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 as well as the other complaints under the well-established case-law, as listed in the appended table;

Declares the remainder of application no. 6315/18 inadmissible.

Done in English and notified in writing on 11 April 2019.

Liv Tigerstedt                                                   Alena Poláčková
Acting Deputy Registrar                                                President

 

APPENDIX

No.	Application no. Date of introduction	Applicant’s name Date of birth	Representative’s 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]
1.	29253/17 17/01/2017	Dmitriy Aleksandrovich Dezhin 16/10/1982	Golub Olga Viktorovna Suzemka	Art. 13 – lack of any effective remedy in respect of inadequate conditions of detention –	29/09/2017	20/12/2017	11,500
2.	30823/17 14/03/2017	Aleksandr Sergeyevich Matveyev 09/07/1994	Ivanov Aleksey Valeryevich Krasnodar	Art. 5 (3) – excessive length of pre-trial detention,   Art. 13 – lack of any effective remedy in respect of inadequate conditions of detention –	29/09/2017	20/12/2017	3,225
3.	32490/17 20/03/2017	Aleksandr Ilyich Suslin 04/09/1956			29/09/2017	12/12/2017	12,250
4.	33012/17 04/04/2017	Aleksandr Ivanovich Kolpakov 23/08/1984		Art. 13 – lack of any effective remedy in respect of inadequate conditions of detention –	29/09/2017	20/12/2017	8,500
5.	84216/17 10/11/2017	Vladimir Alekseyevich Kolchanov 25/03/1959			16/07/2018	01/10/2018	1,000
6.	6315/18 12/01/2018	Sergey Nikolayevich Gavrilov 24/10/1981	Vinogradov Aleksandr Vladimirovich Kostroma		17/07/2018	05/09/2018	5,000
7.	7053/18 01/03/2018	Ilkin Gasym ogly Gasymov 01/01/1976	Korobeynikov Grigoriy Anatolyevich St Petersburg		18/09/2018	26/11/2018	5,500
8.	9800/18 07/02/2018	Sergey Olegovich Dergachev 14/09/1979		Art. 13 – lack of any effective remedy in respect of inadequate conditions of detention –	04/10/2018	11/12/2018	3,555
9.	13282/18 01/03/2018	Kirill Aleksandrovich Khalepo 23/04/1991	Fedorkov Andrey Aleksandrovich St Petersburg	Art. 13 – lack of any effective remedy in respect of inadequate conditions of detention –	04/10/2018	26/11/2018	5,250
10.	16167/18 18/03/2018	Aleksey Sergeyevich Nikulin 06/01/1982	Golub Olga Viktorovna Suzemka	Art. 13 – lack of any effective remedy in respect of inadequate conditions of detention –	04/10/2018	22/11/2018	4,250

[i].  Plus any tax that may be chargeable to the applicants.