274/
THIRD SECTION
DECISION
Application no. 20274/17
Elza Maratovna DAYANOVA
against Russia
The European Court of Human Rights (Third Section), sitting on 28 November 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 February 2017,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Russian Government (“the Government”).
THE LAW
Having examined all the material before it, the Court considers that for the reasons stated below, the application is inadmissible.
In particular, the Court reiterates the Government’s argument that by the appeal judgment of 17 January 2018 the Supreme Court of the Tatarstan Republic had awarded the applicant 600,000 Russian roubles (RUB) in compensation for damage, including in respect of the length of the criminal proceedings against her. In this respect, the Court observes that where domestic proceedings include an admission of the breach by the national authorities and the payment of a sum of money amounting to redress, the applicant can no longer claim to be a victim of a violation of the Convention (see, among many other authorities, Shcherbakov v. Russia, no. 23939/02, §§ 55-64, 17 June 2010). The Court further notes that it has found that applicants lost their status as “victims” of the alleged violation of their right to a trial within a reasonable time after the domestic courts had awarded them sums of money in the “rehabilitation” proceedings, taking into account in particular the duration of the criminal proceedings (see Khanov and Others v. Russia (dec.), nos. 15327/05 and 15 others, 30 June 2016, and Bogodist v. Russia (dec.), no. 11638/17, 12 April 2018). The Court sees no reason to depart from that finding in respect of the present application, where the applicant has been awarded significant compensation for damage related to the length of the criminal prosecution against her. It thus considers that the applicant has lost her victim status. In addition, the Court does not lose sight of the fact that the applicant did not appeal against the judgment of the Supreme Court of the Tatarstan Republic of 17 January 2018, thus having most probably been satisfied with the award.
Accordingly, the case brought by the applicant is incompatible ratione personae with the provisions of the Convention and must be rejected pursuant to Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 19 December 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
20274/17
22/02/2017
Elza Maratovna Dayanova
19/11/1964
07/05/2008
03/11/2015
7 year(s) and 5 month(s) and 28 day(s)
2 level(s) of jurisdiction
Full & Egal Universal Law Academy