Case of European Court of Human Rights, March 26, 2020 (case MAZNEV AND OTHERS v. RUSSIA)

Defense:RUSSIA
Resolution Date:March 26, 2020
SUMMARY

Struck out of the list (Article 37-1 - Striking out applications);Remainder inadmissible (Article 35-3-a - Manifestly ill-founded)

 
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THIRD SECTION

CASE OF MAZNEV AND OTHERS v. RUSSIA

(Applications nos. 48826/08, 54526/10, 43512/13, 51512/13, 58203/13 and 68362/14)

JUDGMENT

(Revision)

STRASBOURG

26 March 2020

This judgment is final but it may be subject to editorial revision.

In the case of Maznev and Others v. Russia (request for revision of the judgment of 22 June 2017),

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

Alena Poláčková, President,Dmitry Dedov,Jolien Schukking, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 5 March 2020,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates.

  2. In a judgment delivered on 22 June 2017, the Court held that there had been a violation of Article 3 of the Convention on account of the inadequate conditions of the applicants’ detention and a violation of Article 5 §§ 3 and 4 and Article 13 as regards other complaints raised by some of the applicants under the well-established case-law of the Court.

  3. On 5 July 2017 the Russian Government (“the Government”) asked the Court under Rule 80 of the Rules of Court to revise the judgment in the part concerning application no. 58203/13, Cherepakhin v. Russia, lodged with the Court under Article 34 of the Convention by a Russian national, Mr Yevgeniy Aleksandrovich Cherepakhin (“the applicant”), on 27 August 2013. The Government submitted that their observations on the admissibility of the applicant’s complaint under Article 3 of the Convention had been left without consideration.

  4. On 22 March 2018 the Court considered the request for revision and decided to communicate the Government’s request to the applicant and, at the same time, ask the parties for renewed observations on the applicant’s complaints under Articles 3 and 5 § 3 of the Convention.

    THE LAW

  5. In its judgment of 22 June 2017 the Court, having received no observations from the Government concerning application no. 58203/13 Cherepakhin v. Russia, found a violation of Articles 3 and 5 § 3 of the Convention on account of the conditions of the applicant’s detention between 22 December 2011 and 11 February 2014 in two detention facilities (IVS Rostov-on-Don and IZ-61/3 Novocherkassk) and in view of the excessive length...

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