Maltsev (Mozgin) and Others v. Russia

THIRD SECTION

Application no. 77395/14 Pavel Petrovich MALTSEV (MOZGIN) against Russia and 6 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 17 December 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 21 January 2021.

{signature_p_2}

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]

77395/14

17/03/2015

Pavel Petrovich MALTSEV (MOZGIN)

1964

Kolesnikov Igor Yuryevich

Pyatigorsk

25/09/2020

05/08/2020

6,000

33977/18

28/06/2018

(4 applicants)

Household

Dmitriy Sergeyevich SEDOV

1985

Dmitriy Ivanovich RYAZANTSEV

1922

Avgustina Likarionovna RYAZANTSEVA

1930

Natalya Dmitriyevna SEDOVA

1959

Sergeyeva Irina Vadimovna

Moscow

Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.

01/12/2020

24/08/2020

6,000

34547/18

09/07/2018

Dmitriy Gennadyevich BULKIN

1981

Vinogradov Aleksandr Vladimirovich

Kostroma

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport;

Art. 3 - inadequate conditions of detention during transport - transport by train on 07/01-10/01/2018; overcrowding.

01/12/2020

03/07/2020

7,800

36736/18

24/12/2018

Sergey Aleksandrovich SMOLNIKOV

1981

Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.

01/12/2020

07/09/2020

6,000

40473/18

06/03/2019

Denis Vladimirovich GORBUNOV

1985

Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.

01/12/2020

06/07/2020

6,000

58422/19

23/10/2019

Viktor Vladimirovich ZHILINSKIY

1989

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 - transport by van in a "glass compartment" on 21/08/2019; 0.2 sq. m of personal space.

01/12/2020

28/07/2020

7,800

1800/20

03/01/2020

(4 applicants)

Household

Aleksey Igorevich KORNEYEV

1990

Igor Ivanovich KORNEYEV

1971

Irina Valeryevna KORNEYEVA

1970

Valeriy Grigoryevich PODYMOV

1941

Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.

01/12/2020

06/07/2020

6,000

[1] Plus any tax that may be chargeable to the applicants.