FIFTH SECTION
DECISION
Application no. 31889/06
Nikolay Iosifovich GAYDUCHENKO against Ukraine
and 7 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 13 December 2011 as a Committee composed of:
Mark Villiger, President,
Karel Jungwiert,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on various dates,
Having regard to the decision to apply the pilot-judgment procedure taken in the case of Yuriy Nikolayevich Ivanov v. Ukraine (no. 40450/04, ECHR 2009‑... (extracts)),
Having regard to the unilateral declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
Having deliberated, decides as follows:
THE FACTS
The applicants are Ukrainian nationals whose details are specified in the table below. The Ukrainian Government (“the Government”) were represented by Ms Valeria Lutkovska and Mr Nazar Kulchytskyy, of the Ministry of Justice.
The facts of the case, as submitted by the parties, may be summarised as follows.
On the dates set out in the table below the domestic courts held for the applicants and ordered the authorities to pay them various pecuniary amounts or take certain actions. The judgments in the applicants’ favour became final but the authorities delayed their enforcement.
COMPLAINTS
The applicants complained about the delayed enforcement of the judgments given in their favour. Some of them also raised other complaints.
THE LAW
1. The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common factual and legal background.
2. Following the Yuriy Nikolayevich Ivanov pilot judgment cited above, on various dates (see the table below) the Government submitted several unilateral declarations aimed at resolving the issues raised by the applicants. In these declarations the Government acknowledged the excessive duration of the enforcement of the judgments given in the applicants’ favour, expressed their readiness to enforce the judgments which have not been enforced yet and offered the applicants various compensation sums (for the sums, see the table below).
The Government invited the Court to strike the applications out of the list of cases and suggested that the declarations might be accepted by the Court as “any other reason” justifying the striking out of the case under Article 37 § 1 (c) of the Convention.
The declarations also provided that the compensation sums were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement. They would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. This payment would constitute the final resolution of the cases.
Subsequently the Government supplemented the declarations with the provision that the compensation sums would be free of any taxes that might be chargeable.
The applicants either disagreed with the declarations on various grounds and requested the Court to pursue the examination of their cases or did not provide any comments.
The Court reiterates that it may at any stage of the proceedings strike an application out of its list of cases where the circumstances lead to the conclusions specified under Article 37 § 1 (a)-(c) of the Convention. In particular, under Article 37 § 1 (c) the Court may strike a case out of its list if for any other reason established by the Court, it is no longer justified to continue the examination of the application.
Article 37 § 1 in fine states:
“However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires”.
The Court also reiterates that in certain circumstances it may strike out an application under Article 37 § 1 (c) on the basis of a unilateral declaration made by a respondent Government even if the applicant wishes the examination of the case to be continued (see Tahsin Acar v. Turkey (preliminary objection) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI).
The Court recalls that in the aforementioned pilot judgment it ordered Ukraine to grant redress to the applicants whose applications were communicated to the Government before the delivery of the judgment or would be communicated further to the judgment and concerned complaints about the prolonged non-enforcement of domestic decisions for which the State was responsible (see Yuriy Nikolayevich Ivanov v. Ukraine, cited above, § 99 and point 6 of the operative part). Having examined the terms of the Government’s declarations, the Court understands them as intending to give the applicants the redress in accordance with the pilot judgment.
The Court is satisfied that the Government explicitly acknowledge the excessive duration of the enforcement of the judgments given in the applicants’ favour and undertake to enforce the judgments which have not been enforced yet. It also notes that the compensation sums offered by the Government are comparable with Court awards in similar cases, taking account, inter alia, of the specific delay in each particular case.
The Court therefore considers that it is no longer justified to continue the examination of the relevant parts of the applications. It is also satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of these parts of the applications. Accordingly, they should be struck out of the list.
3. Having carefully examined the applicants’ remaining complaints in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
It follows that these parts of the applications are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations in respect of the applicants’ complaints about the delayed enforcement of the domestic judgments in their favour;
Decides to strike the applications out of its list of cases in so far as they relate to the above complaints in accordance with Article 37 § 1 (c) of the Convention;
Declares the remainder of the applications inadmissible.
Stephen PhillipsMark Villiger
Deputy RegistrarPresident
No.
Application number,
applicant’s name
and date of birth
Date of introduction
Domestic judgments about the delayed enforcement of which the applicants complain
(date and the court’s name)
Date of the unilateral declaration/
sum offered by the Government
(in euros)
1.
31889/06
GAYDUCHENKO,
Nikolay Yosifovich, 1953
28 July 2006
14 January 2004,
Vinnytsya Garrison Military Court
13 July 2011/
1,335
2.
44609/06
CHERNIGA,
1). Yuriy Mykhaylovych, 1973,
2). Ganna Valeriyivna, 1977
22 September 2006
13 December 2005,
Debaltseve Court
(as amended on 23 March 2006)
14 July 2011/
810 (for each)
3.
13917/07
SIMOLCHUK,
Gennadiy Antonovych, 1965
10 April 2007
26 October 2004,
Bogunskyy District Court of Zhytomyr
15 July 2011/
1,080
4.
44846/07
DAVYDOVA,
Yelena Ivanovna, 1960
9 September 2007
1 March 2005,
Krasnyy Luch Court
4 May 2011/
1,020
5.
44911/07
CHEREVKO,
Tatyana Aleksandrovna, 1973
9 September 2007
27 August 2003,
Krasnyy Luch Court
4 May 2011/
1,365
6.
47846/07
PINDAK,
Aleksandra Ivanovna, 1947
22 October 2007
26 May 2004,
Nova Kakhovka Court
12 May 2011/
585
7.
49576/07
KIRECHKO,
Klavdiya Nikolayevna, 1928
3 November 2007
5 December 2001 and 9 June 2006,
Krasnyy Luch Court
12 July 2011/
1,725
8.
49600/07
CHUKARIN,
Ivan Pavlovich, 1929
3 November 2007
16 April 2003,
Krasnyy Luch Court
12 July 2011/
1,455
Table
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