FIFTH SECTION
CASE OF ARKHIPOV AND OTHERS v. UKRAINE
(Application no. 39029/05 and 9 others -
see appended list)
JUDGMENT
STRASBOURG
12 January 2017
This judgment is final but it may be subject to editorial revision.
In the case of Arkhipov and Others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Khanlar Hajiyev, President,
Faris Vehabović,
Carlo Ranzoni, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having deliberated in private on 15 December 2016,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Ukraine 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 indicated in the appended table.
2. The applications were communicated to the Ukrainian Government (“the Government”).
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of criminal proceedings and of the lack of any effective remedy in domestic law. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION
6. The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement and that they had no effective remedy in this connection. They relied on Article 6 § 1 and Article 13 of the Convention, which read as follows:
Article 6 § 1
“In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999‑II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000‑VII).
8. In the leading case of Merit v. Ukraine, no. 66561/01, 30 March 2004, the Court already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.
10. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.
11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 and of Article 13 of the Convention.
III. REMAINING COMPLAINTS
12. Some applicants also raised other complaints under various Articles of the Convention.
13. The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
15. Regard being had to the documents in its possession and to its case‑law (see, in particular, Bevz v. Ukraine, no. 7307/05, § 52, 18 June 2009), the Court finds it reasonable to award the sums indicated in the appended table. It however makes no award in respect of the applicants who failed to respond to the Court’s invitation to submit their just satisfaction claims in accordance with Rule 60 of the Rules of Court.
16. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints concerning the excessive length of criminal proceedings, the lack of any effective remedy in domestic law and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of the applications inadmissible;
3. Holds that these complaints disclose a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings;
4. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
5. Dismisses the remainder of the applicants’ claims for just satisfaction.
Done in English, and notified in writing on 12 January 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Hasan BakırcıKhanlar Hajiyev
Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of criminal proceedings and lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant (in euros)[1]
39029/05
20/10/2005
Yuriy Volodymyrovych ARKHIPOV
01/03/1964
11/03/2003
26/02/2009
5 years, 11 months and 16 days
3 levels of jurisdiction
0
23100/06
23/05/2006
Vadim Nikolayevich DEDOV
14/11/1981
10/02/2002
13/10/2009
7 years, 8 months and 4 days
3 levels of jurisdiction
0
3968/07
23/12/2006
Galyna Andriyivna SHELUDKO
11/08/1949
Andriy Dmytrovych Sheludko
Lozova
22/08/2001
27/03/2008
6 years, 7 months and 6 days
3 levels of jurisdiction
900
33593/07
22/06/2007
Irina Nikolaevna DULINOVA
08/10/1962
27/04/1999
26/12/2006
7 years and 8 months
3 levels of jurisdiction
1,600
4019/08
17/01/2008
Yevgeniy Vladimirovich KOLOMITCHENKO
27/07/1967
13/09/2005
07/06/2012
6 years, 8 months and 26 days
3 levels of jurisdiction
900
16317/08
27/03/2008
Regina KOSTETSKA
23/07/1943
06/11/1998
02/10/2007
8 years, 10 months and 27 days 3 levels of jurisdiction
1,800
26293/10
13/04/2010
Oleg Petrovych MELNYCHUK
02/04/1982
28/01/2009
25/09/2014
5 years, 7 months and 29 days
3 levels of jurisdiction
500
13018/12
24/01/2012
Valeriy Andriyovych FUKLEV
09/12/1951
10/10/2003
10/07/2009
31/03/2006
29/05/2012
2 years, 5 months and 22 days
2 levels of jurisdiction
2 years, 10 months and 20 days 2 levels of jurisdiction
1,200
74393/12
16/11/2012
Andrey Andreyevich LUGIN
11/07/1976
Aleksandr Vladimirovich Lesovoy
Simferopol
19/07/2005
17/05/2012
6 years, 9 months and 29 days
2 levels of jurisdiction
0
36960/13
28/05/2013
Yevgeniy Pavlovich STUPAK
09/06/1945
01/09/2010
08/07/2014
3 years, 10 months and 8 days
2 levels of jurisdiction
800
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy