Aleksandrov and Others v. Russia
Struck out of the list
Berörda konventionsartiklar
THIRD SECTION
Application no. 26083/07 Yuriy Kharitonovich ALEKSANDROV against Russia and 31 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 November 2020 as a Committee composed of:
Darian Pavli, President, Dmitry Dedov, Peeter Roosma, 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 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 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 10 December 2020.
Liv Tigerstedt Darian Pavli Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
No.
Application no. Date of introduction
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]
26083/07
11/05/2007
Yuriy Kharitonovich ALEKSANDROV
1966
Markov Eduard Valentinovich
Budapest
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
25/09/2020
16/09/2020
6,000
21333/13
25/02/2013
Nelli Fedorovna BYKOVTSEVA
1938
Buzunov Aleksandr Aleksandrovich
Voronezh
25/09/2020
16/09/2020
6,000
70804/17
09/08/2017
Rashid Bekmurzayevich IBRAGIMOV
1986
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
22/09/2020
6,000
71069/17
12/09/2017
Nikolay Nikolayevich BORISENKO
1973
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a metal cage during the trial hearings held in the courtroom of the Zabaykalskiy Regional Court from 13/04/2017 to 22/06/2017;
conviction on 06/07/2017.
03/09/2020
09/09/2020
9,750
72220/17
10/01/2017
Roman Grigoryevich ANTIPIN
1977
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
22/09/2020
02/07/2020
6,000
76496/17
16/04/2018
Vladimir Ivanovich GOLBAN
1962
18/09/2020
15/07/2020
6,000
81707/17
07/11/2017
Vyacheslav Anatolyevich BABKOV
1987
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
01/07/2020
6,000
82246/17
26/01/2018
Yuriy Vasilyevich BABICH
1977
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-8 Komi Republic since 01/04/2018 and pending; 2 sq. m of personal space; infestation of cell with insects/rodents, lack of fresh air.
09/10/2020
16/09/2020
10,500
24241/18
23/04/2018
and
22562/19
11/04/2019
Household
Igor Yevgenyevich GORLOV
1965
Alla Vasilyevna GORLOVA
1942
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
28/10/2020
6,000
31543/18
18/06/2018
Vasiliy Vasilyevich ERYUKOV
1979
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention during transport - between the detention facilities on 07/05/2019-08/05/2019 and on 17/05/2019 (overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, lack of fresh air, lack of safety equipment).
27/10/2020
19/08/2020
7,800
32600/18
22/06/2018
Vladimir Nikolayevich GOLOSENKO
1967
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
08/07/2020
6,000
35062/18
20/08/2018
Oleg Leonidovich ARTEMENKOV
1967
Art. 3 - inadequate conditions of detention during transport - transport by van on 13/06/2019 for 7 hours; restricted access to toilet and potable water; inadequate temperature.
09/10/2020
30/07/2020
6,000
37219/18
21/07/2018
Household
Svetlana Valeryevna ISTOMINA
1986
Svetlana Vladimirovna ISTOMINA
1965
Govorukhina Tatyana Valentinovna
Moscoe
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
09/10/2020
15/10/2020
6,000
37601/18
17/12/2018
Vladimir Nikolayevich ANISIMOV
1968
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
10/07/2020
6,000
46385/18
19/09/2018
Azamat Valeryevich IKAYEV
1980
03/09/2020
17/09/2020
6,000
52393/18
22/09/2018
Alena Gennadyevna ISAKOVA
1973
18/09/2020
01/07/2020
6,000
59377/18
05/12/2018
Oleg Yuryevich BOCHAROV
1981
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - the applicant was transported by train and van on 16-17/05/2019; 0.5 sq. m of personal space; insufficient number of sleeping places.
22/09/2020
26/06/2020
7,800
3621/19
28/12/2018
Aleksey Sergeyevich BEZBORODOV
1985
Egle Denis Sergeyevich
Krasnoyarsk
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
27/10/2020
20/10/2020
6,000
15541/19
01/03/2019
Oksana Timofeyevna BORSUK
1982
18/09/2020
19/08/2020
6,000
15837/19
05/08/2019
Vladimir Vladimirovich ABRAMOV
1968
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
15/07/2020
6,000
25288/19
26/06/2019
Ivan Vladimirovich FALKOV
1985
20/10/2020
07/08/2020
6,000
30365/19
23/05/2019
Dmitriy Igorevich GOLUBEV
1990
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
23/07/2020
6,000
31954/19
03/06/2019
Kadriya Karimovna ABDULLINA
1960
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
29/07/2020
6,000
45497/19
30/09/2019
Dmitriy Anatolyevich ASTAFYEV
1978
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
20/10/2020
24/08/2020
6,000
48343/19
05/09/2019
(4 applicants)
Household
Beslan Savarbekovich BALAYEV
1983
Zabaydat Osmanovna AUSHEVA
1961
Indira Magomed-Saliyevna TIMIYEVA
1993
Yasmina Beslanovna TIMIYEVA
2017
Sergeyeva Irina Vadimovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
09/10/2020
24/08/2020
6,000
61885/19
18/12/2019
Aleksandr Vladilenovich GETMANTSEV
1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - and in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-24 Komi Republic from 25/01/2018 to 02/09/2019, 2 sq. m of personal space; overcrowding, bunk beds, mouldy or dirty cell.
27/10/2020
09/09/2020
7,800
63568/19
14/11/2019
Nikolay Oganesovich ARUTYUNYAN
1980
20/10/2020
26/08/2020
6,000
6496/20
15/01/2020
Denis Sergeyevich FOKIN
1982
Korneyev Aleksey Igorevich
Bryansk
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Kirov Region from 13/11/2018 to 19/11/2019;
less than 3 sq. m of personal space; overcrowding; poor quality of food.
27/10/2020
26/08/2020
7,800
17216/20
09/03/2020
Andrey Aleksandrovich DANILOV
1992
27/10/2020
17/08/2020
6,000
19516/20
17/03/2020
Olga Vladimirovna CHEKULDAYEVA
1958
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
27/10/2020
11/09/2020
6,000
20338/20
24/04/2020
Vasiliy Nikolayevich CHIVKIN
1966
27/10/2020
21/08/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.