FIFTH SECTION
DECISION
Application no. 42326/05
Lyubov Vasilyevna KUSHINSKAYA against Ukraine
and 10 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 3 December 2015 as a Committee composed of:
Khanlar Hajiyev, President,
André Potocki,
Síofra O’Leary, judges,
and Karen Reid, Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 7 January 2016.
Karen ReidKhanlar Hajiyev
RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant / household
(in euros)[i]
42326/05
07/11/2005
Lyubov Vasilyevna KUSHINSKAYA
16/04/1963
24/09/2015
23/06/2015
900
45610/07
21/09/2007
Mykola Ivanovych GOMENYUK
23/03/1953
10/09/2015
16/09/2015
500
20358/08
16/04/2008
Dmitriy Aleksandrovich SHMALUN
06/02/1979
10/09/2015
18/05/2015
500
25243/08
14/05/2008
Nina Ivanivna ORLOVA
22/11/1955
Prot. 4 Art. 2 (1) - Excessive length of obligation not to abscond
10/09/2015
29/06/2015
3,100
43804/08
28/08/2008
Nikolay Kirillovich MUSIYENKO
10/12/1948
10/09/2015
12/08/2015
4,200
32697/09
09/06/2009
Petro Petrovych YARUSHCHAK
07/04/1956
Prot. 4 Art. 2 (1) - Excessive length of obligation not to abscond
10/09/2015
20/05/2015
3,900
17310/10
15/03/2010
Sergiy Yuriyovych OLSHEVSKYY
13/01/1981
10/09/2015
18/09/2015
1,800
50961/10
20/08/2010
Andriy Yevgenovych NEFEDOV
18/09/1962
Prot. 4 Art. 2 (1) - Excessive length of obligation not to abscond
10/09/2015
26/05/2015
2,700
34222/11
26/05/2011
Valentina Aleksandrovna SHURUPOVA
08/02/1944
10/09/2015
16/07/2015
2,400
65235/13
10/10/2013
Viktor Anatoliyovych MARTYNENKO
23/04/1958
Prot. 4 Art. 2 (1) - Excessive length of obligation not to abscond
31/08/2015
20/08/2015
3,900
2949/15
26/12/2014
Oksana Mykhaylivna SAGAN
04/03/1967
Prot. 4 Art. 2 (1) - Excessive length of obligation not to abscond
10/09/2015
16/09/2015
3,100
[i] Plus any tax that may be chargeable to the applicants.
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