Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 68273/16
Mikhail Anatolyevich SHCHERBININ against Russia
and 8 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 9 September 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, 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 8 § 1 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations 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 Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Russia 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 converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 30 September 2021.
{signature_p_2}
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
No. | Application no. | Applicant’s name Year 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 declaration | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant / household (in euros)[1] |
68273/16 09/11/2016 | Mikhail Anatolyevich SHCHERBININ 1985 | Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility | 03/07/2020 | 17/05/2021 | 6,000 | ||
13151/18 29/01/2018 | Vladimir Yuryevich SHEYKHET 1984 | Egle Denis Sergeyevich Krasnoyarsk | Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility | 01/12/2020 | 17/05/2021 | 6,000 | |
1002/19 17/01/2019 and 29196/20 10/06/2020 | Household Aleksey Nikolayevich LOBANOV 1982 Tamara Aleksandrovna LOBANOVA 1955 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and inadequate conditions of detention Art. 3 - inadequate conditions of detention after conviction - IK-8, Komi Republic from 09/12/2016 to 07/12/2020 | 15/02/2021 | 14/04/2021 | 6,000 | ||
4890/19 28/12/2018 | Roman Aleksandrovich GORYUNOV 1988 | Egle Denis Sergeyevich Krasnoyarsk | Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility | 01/12/2020 | 17/05/2021 | 6,000 | |
48443/19 26/08/2019 | Vladislav Raisovich GADELSHIN 1982 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and inadequate conditions of detention Art. 3 - inadequate conditions of detention after conviction - IK-8, Komi Republic from 09/12/2016 to 29/12/2020 | 29/04/2021 | 21/04/2021 | 8,500 | ||
25138/20 20/10/2020 | Aleksey Valentinovich SPIRIDONOV 1995 | 25/05/2021 | 12/03/2021 | 6,000 | |||
35830/20 21/09/2020 | Anton Sergeyevich VYLTSAN 1988 | Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote detention facility | 25/05/2021 | 12/03/2021 | 6,000 | ||
50068/20 19/10/2020 | Galina Aleksandrovna BOBROVA 1958 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 25/05/2021 | 15/04/2021 | 6,000 |
[1] Plus any tax that may be chargeable to the applicants.