FIFTH SECTION
CASE OF SYROTENKO AND OTHERS v. UKRAINE
(Application no. 12345/16 and 11 others –
see appended list)
JUDGMENT
STRASBOURG
19 October 2023
This judgment is final but it may be subject to editorial revision.
In the case of Syrotenko and Others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Carlo Ranzoni, President,
Lado Chanturia,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 28 September 2023,
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 that regard. Some applicants also raised other complaints under the provisions of 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.
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 Nechay v. Ukraine (no. 15360/10, 1 July 2021) 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 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.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. In application no. 51843/21 the applicants submitted other complaints which also raised issues under the Convention, given the relevant well‑established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in the cases set out in the appended table.
REMAINING COMPLAINTS13. In application no. 12345/16 the applicant also raised other complaints under various Articles of the Convention.
14. The Court has examined these complaints 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, they 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 CONVENTION15. 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.”
16. 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.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Declares the complaints concerning the excessive length of criminal proceedings, the lack of any effective remedy in domestic law in that regard, and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible and the remainder of application no. 12345/16 inadmissible;Holds that there has been a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law to complain about it;Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);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 19 October 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Carlo Ranzoni
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
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage, and for costs and expenses
(in euros)[1]
12345/16
15/12/2015
Andriy Yevgenovych SYROTENKO
1964
Syrotenko Sergiy Yevgenovych
Kharkiv
03/08/2012
17/06/2020
7 years and 10 months and 15 days
3 levels of jurisdiction
1,600
43942/21
26/08/2021
Igor Yosypovych PETRYK
1966
Kulbach Sergiy Oleksandrovych
Limoges
02/12/2016
02/11/2022
5 years and 11 months and 1 day
1 level of jurisdiction
1,800
46998/21
30/08/2021
Sergiy Volodymyrovych KOVBASYUK
1982
Vasylyuk Igor Mykolayovych
Lutsk
21/02/2017
pending
More than 6 years and 6 months and 8 days 3 levels of jurisdiction
900
47973/21
20/09/2021
Liliya Vasylivna PERSHYNA
1976
Makhmutov Oleg Arturovych
Mykolayiv
19/06/2018
pending
More than 5 years and 2 months and 10 days 1 level of jurisdiction
1,500
51843/21
11/10/2021
(3 applicants)
Saydkhamzat Khusayinovych DAKHAYEV
1986
Oleksiy Dmytrovych KOVALCHUK
1981
Roman Stepanovych ZAKHARCHUK
1983
Mytsyk Oleg Volodymyrovych
Lviv
05/03/2018
pending
More than 5 years and 5 months and 24 days 1 level of jurisdiction
Art. 5 (3) - excessive length of pre-trial detention - 06/03/2018 - pending (see Kharchenko v. Ukraine, no. 40107/02, §§ 77-81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42, 15 February 2016)
3,900,
in compensation for non-pecuniary damage to each of the applicants,
and
250,
in compensation of costs and expenses, jointly to the three applicants
52142/21
01/10/2021
Ivan Volodymyrovych KONONENKO
1964
Kulbach Sergiy Oleksandrovych
Limoges
03/09/2011
pending
More than 11 years and 11 months and 26 days
3 levels of jurisdiction
3,600
53188/21
20/10/2021
Aleksandr Leonidovich KRAVCHUK
1974
Atamanchuk Valentyn Ivanovych
Odesa
08/02/2011
03/08/2023
12 years and 5 months and 27 days
3 levels of jurisdiction
3,600
54277/21
25/10/2021
Denys Yevgeniyovych KORNYEV
1984
16/05/2003
04/07/2011
25/04/2006
27/04/2021
12 years and 9 months and 4 days
3 levels of jurisdiction
4,200
55648/21
29/10/2021
Andriy Volodymyrovych KOVAL
1977
Kovalyov Dmytro Valeriyovych
Pryazovske
24/04/2012
18/02/2022
9 years and 9 months and 26 days
2 levels of jurisdiction
3,000
60538/21
01/10/2021
Volodymyr Mykolayovych TULYAKOV
1960
Kulbach Sergiy Oleksandrovych
Limoges
03/09/2011
pending
More than 11 years and 11 months and 26 days
3 levels of jurisdiction
3,600
1142/22
23/12/2021
Yuliya Yaroslavivna KOVAL
1986
Mytsyk Oleg Volodymyrovych
Lviv
23/05/2014
22/11/2022
8 years and 6 months
3 levels of jurisdiction
1,800
9442/22
09/02/2022
Oleksandr Mykolayovych KHARYTONENKO
1977
26/12/2012
10/08/2021
8 years and 7 months and 16 days
2 levels of jurisdiction
2,400
[1] Plus any tax that may be chargeable to the applicants.