FIFTH SECTION
DECISION
Application no. 40132/19
Denys Yuriyovych MOMOT
against Ukraine
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 18 February 2021 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 July 2019,
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 and Article 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”).
THE LAW
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)
In the present application, having examined all the material before it, the Court notes that the domestic proceedings lasted about five years and seven months before three levels of jurisdiction (see the appended table) which cannot be considered excessive, in particular as the applicant and his lawyer failed to appear at certain court hearings.
Thus, the Court finds that the applicant’s complaints under Article 6 § 1 of the Convention are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Moreover, since the applicant’s complaints under Article 6 § 1 are inadmissible, it follows that he has no “arguable claim” of a violation of his rights under Article 6 § 1 for the purposes of Article 13 of the Convention. Consequently, this complaint is also manifestly ill-founded.
In view of the above, the Court finds that the application is inadmissible and must be rejected in accordance with 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 11 March 2021.
{signature_p_2}
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
Application 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)
Application no.
Date of introduction
Applicant’s name
Year of birth
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
40132/19
17/07/2019
Denys Yuriyovych MOMOT
1991
05/02/2014
21/08/2019
5 years and 6 months and 17 days
3 levels of jurisdiction
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