Yeremin and Others v. Russia

THIRD SECTION

Application no. 40808/04 Vladimir Aleksandrovich YEREMIN against Russia and 3 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 30 August 2016 as a Committee composed of:

Helen Keller, President, Johannes Silvis, Alena Poláčková, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above applications lodged on dates indicated in the Appendix,

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’ reply to those declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. The first applicant was represented before the Court by the Centre of Assistance to International Protection, a law firm practising in the Moscow Region.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights.

The applicants complained about irregularities of their detention and about inhuman conditions of detention in Russian penitentiary facilities.

The applications were communicated to the Government.

By letters dated 30 March, 28 April, 30 October 2015 and 30 March 2016 the Government informed the Court that they proposed to make declarations with a view to resolving the issues raised by the applications.

They acknowledged violations of the applicants’ rights guaranteed by Articles 3 and 5 §§ 1, 4 of the Convention. They undertook to pay the applicants the amounts indicated in the Appendix to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Russian roubles at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The payment will be effected within three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that period, the Government undertook to pay simple interest on it, from 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. They further requested the Court to strike out the applications.

On 20 and 24 July, 15 December 2015 and 28 April 2016, the Court received letters from the applicants, informing the Court that they had agreed to the terms of the Government’s declarations.

THE LAW

The Court considers that the applications should be joined and considered in a single decision.

The Court finds that following the applicants’ express agreement to the terms of the declarations 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 its Protocols 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 22 September 2016.

Fatoş Aracı Helen Keller Deputy Registrar President

Appendix

No.

Application no.

Date of introduction

Applicant

Date of birth

The amount offered by the Government, euros

40808/04

05/11/2004

Vladimir Alexandrovich YEREMIN

06/03/1969

5,000

22888/10

31/03/2010

Aleksandr Aleksandrovich

KUSHNIKOV

19/05/1954

2,800

24796/12

02/04/2012

Valeriy Ivanovich PRIKHODKO

25/07/1969

2,600

23491/13

22/01/2013

Petr Trofimovich GUNKO

23/09/1964

3,050