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Datum rozhodnutí
6.10.2022
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3
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SECOND SECTION

DECISION

Application no. 3168/21
Viktoras ČERNYŠOVAS 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 ČERNYŠOVAS

1987

05/07/2022

30/03/2022

3,100

3297/21

05/02/2021

Stefan RADKEVIČIUS

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 VYŠNIAUSKAS

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.