Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 9594/18
Dmitriy Valeryevich DOMYSHEV against Russia
and 17 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] |
9594/18 19/09/2018 | Dmitriy Valeryevich DOMYSHEV 1991 | Art. 3 - inadequate conditions of detention during transport - transport by van on several occasions between 19/07/2019 and 17/01/2020; 0.3 sq. m. of personal space; lack of or insufficient natural light, overcrowding, lack of fresh air, no or restricted access to potable water; Art. 3 - inadequate conditions of detention after conviction - conditions of detention in IK-5 Krasnoyarsk Region since 02/04/2020; 2 sq. m. of personal space; lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air; Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-5 Krasnoyarsk Region, since 02/04/2020; video surveillance by opposite-sex operators; Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, inadequate conditions of detention during transport, allocation to a remote detention facility and inadequate conditions of detention | 15/06/2021 | 14/04/2021 | 7,800 | ||
53991/18 27/12/2018 | Yuriy Vyacheslavovich SHELUKHA 1987 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 22/09/2020 | 17/05/2021 | 6,000 | ||
28788/19 09/05/2019 AND 3769/20 20/12/2019 | Household Yevgeniy Vitalyevich SIMUSEV 1981 Antonina Petrovna SIMUSEVA 1949 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility and in respect of inadequate conditions of detention; Art. 3 - inadequate conditions of detention after conviction - detention of the applicant in IK-8 Komi Republic since 29/03/2018; lack of toiletries, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack of or inadequate hygienic facilities, sharing cells with inmates infected with contagious disease, lack of requisite medical assistance | 29/04/2021 | 03/06/2021 14/06/2021 | 7,800 | ||
47766/19 12/08/2020 | Zaza Zazayevich SADZHAYA 1986 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility; Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Krasnoyarsk Region, since 28/11/2016; 2.6 sq. m. of personal space; overcrowding, mouldy or dirty cell, lack of fresh air, no or restricted access to shower | 03/03/2021 | 18/06/2021 | 7,800 | ||
64411/19 30/11/2019 | Household Vladimir Vladimirovich BRONZ 1990 Tatiana Igoryevna BRONZ 1992 | 20/05/2021 | 03/06/2021 | 6,000 | |||
2271/20 20/12/2019 | Dmitriy Vladislavovich LUNEV 1978 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 07/12/2020 | 14/06/2021 | 6,000 | ||
30922/20 19/05/2020 | Yuriy Vladimirovich SUSHNENKOV 1973 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 15/02/2021 | 07/06/2021 | 6,000 | ||
41384/20 24/08/2020 AND 51161/20 17/10/2020 | Household Svetlana Sabirovna KHEYNONEN 1959 Mikhail Sergeyevich YEFREMOV 1984 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 15/06/2021 | 17/05/2021 | 6,000 | ||
41388/20 24/08/2020 AND 51633/20 17/10/2020 | Household Andrey Anatolyevich SOTNIKOV 1978 Yelena Alekseyevna SOTNIKOVA 1978 | 15/06/2021 | 08/04/2021 | 6,000 | |||
49553/20 01/10/2020 | Pavel Sergeyevich GOLUBEV 1986 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 15/06/2021 | 07/04/2021 | 6,000 | ||
52306/20 25/10/2020 | Tatyana Yuryevna KHOLODKOVA 1994 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 15/06/2021 | 08/04/2021 | 6,000 | ||
52542/20 09/11/2020 | Viktor Anatolyevich VORONTSOV 1966 | 15/06/2021 | 08/04/2021 | 6,000 | |||
53825/20 19/11/2020 | Vladimir Aleksandrovich SMIRNOV 1984 | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 15/06/2021 | 08/04/2021 | 6,000 | ||
54343/20 19/11/2020 | Denis Anatolyevich BUZKO 1976 | 15/06/2021 | 15/04/2021 | 6,000 | |||
54649/20 27/11/2020 | Andrey Borisovich SAMOKHIN 1974 | Yevenko Alla Borisovna Novokuznetsk | Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility | 15/06/2021 | 23/04/2021 | 6,000 |
[1] Plus any tax that may be chargeable to the applicants.