Gromov and Others v. Russia

SECOND SECTION

Application no. 60185/17 Aleksandr Andreyevich GROMOV against Russia and 4 other applications

(see appended table)

12 October 2023 as a Committee composed of:

Lorraine Schembri Orland , President , Frédéric Krenc, Davor Derenčinović , 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 deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention after conviction (see the appended table) were communicated to the Russian Government (“the Government”). Both the Government and the applicants submitted observations on the admissibility and merits.

On 17 March 2020 the Court invited the parties to submit further written observations, in accordance with Rule 54 § 2 (c) of the Rules of the Court.

The Government’s written observations were forwarded to the applicants who were invited to submit their own observations. No reply was received to the Registry’s request.

By letters dated 18 March 2021, sent by registered post, the applicants were notified that the period allowed for submission of their observations together with any claims for just satisfaction had expired on 8 February 2021 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. No reply followed.

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.

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.

Accordingly, the cases should be struck 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.

Done in English and notified in writing on 2 November 2023.

Viktoriya Maradudina Lorraine Schembri Orland Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention after conviction)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Facility

Start and end date

Duration

Other complaints

60185/17

30/07/2017

Aleksandr Andreyevich GROMOV

1979

Prokofyeva Viktoriya Pavlovna

St Petersburg

IK-3 St Petersburg and Leningrad Region

20/02/2015 to

14/02/2017

1 year(s) and 11 month(s) and 26 day(s)

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

1249/18

10/11/2017

Igor Vladimirovich TYURBEYEV

1975

IK-5 Mordovia Republic

30/07/2013 to no later than

14/03/2020

6 year(s) and 7 month(s) and 15 day(s)

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

9152/18

29/03/2018

Vladimir Vladimirovich YEFIMENKO

1966

IK-11 Nizhniy Novgorod Region

25/08/2014 - pending as of

16/09/2022

8 year(s) and 23 day(s)

14988/18

13/03/2018

Dmitriy Anatolyevich USOLTSEV

1975

IK-13 Sverdlovsk Region

21/01/2017 to

26/09/2017

8 month(s) and

6 day(s)

29155/18

03/06/2018

Vladimir Vasilyevich IZVEKOV

1975

IK-2 Zabaykalskiy Region

27/04/2016 to

01/01/2020

3 year(s) and

8 month(s) and

6 day(s)

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention