FIFTH SECTION
CASE OF DAMBE AND OTHERS v. UKRAINE
(Applications nos. 27117/20 and 4 others –
see appended list)
JUDGMENT
STRASBOURG
28 October 2021
This judgment is final but it may be subject to editorial revision.
In the case of Dambe and Others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Lado Chanturia,
Arnfinn Bårdsen, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 October 2021,
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 Ukrainian Government (“the Government”) were given notice of the applications.
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. In application no. 27117/20 the applicant also raised other complaints under the Convention.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION6. 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 justifying the overall length of the proceedings at the national level. Having regard to its case-law on the subject, the Court considers that in the instant cases 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.
REMAINING COMPLAINTS12. In application no. 27117/20 the applicant also complained under Article 5 § 3 of the Convention.
13. The Court has examined the application 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 application must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. 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.
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,
Decides to join the applications;Declares the complaints concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law admissible, and the remainder of application no. 27117/20 inadmissible;Holds that these complaints disclose a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and lack of an effective remedy in this respect;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.
Done in English, and notified in writing on 28 October 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
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’s name
Year of birth
Representative’s 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]
27117/20
20/05/2020
Kateryna Mykolayivna DAMBE
1995
Nimets Yuliya Stanislavivna
Kryvyy Rig
29/04/2016
pending
More than 5 years and 4 months and 5 days
1 level of jurisdiction
1,500
35539/20
30/07/2020
Oleksandr Dmytrovych UZUNOV
1964
Pogibko Oleksandr Olegovych
Odesa
20/07/2011
pending
More than 10 years and 1 month and 14 days
1 level of jurisdiction
4,200
45324/20
09/10/2020
Andriy Igorovych VYNOKUROV
1987
Kulbach Sergiy Oleksandrovych
Limoges
03/04/2017
pending
More than 4 years and 5 months
1 level of jurisdiction
1,200
55594/20
08/12/2020
Andriy Tymofiyovych LARIKOV
1962
Yeryomenko Volodymyr Volodymyrovych
Cherkasy
26/04/2011
pending
More than 10 years and 4 months and 8 days
3 levels of jurisdiction
2,400
470/21
09/12/2020
Oleksandr Mykolayovych NOVIKOV
1968
Sulyma Vadym Volodymyrovych
Mykolayiv
21/10/2013
pending
More than 7 years and 10 months and 13 days
1 level of jurisdiction
3,000
[1] Plus any tax that may be chargeable to the applicants.