FIFTH SECTION
DECISION
Application no. 40519/09
Viktor Ivanovych NYKYFORENKO against Ukraine
and 3 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 28 April 2016 as a Committee composed of:
André Potocki, President,
Ganna Yudkivska,
Síofra O’Leary, judges,
and Hasan Bakırcı, Acting Deputy 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 third applicant was represented by Ms T.A. Rudnytska, a lawyer practising in Chernivtsi.
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 19 May 2016.
Hasan BakırcıAndré Potocki
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
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
(in euros)[i]
40519/09
15/07/2009
Viktor Ivanovych NYKYFORENKO
07/05/1968
Prot. 4 Art. 2 (1) - excessive length of obligation not to abscond
10/09/2015
18/11/2015
2,300
16551/15
19/05/2015
Viktor Mykolayovych POPOVSKYY
03/02/1962
Prot. 4 Art. 2 (1) - excessive length of obligation not to abscond
22/02/2016
21/01/2016
7,000
21047/15
20/04/2015
Mykola Ivanovych KUZ
26/10/1977
Tetyana Anatoliyivna Rudnytska
Chernivtsi
22/02/2016
22/01/2016
3,000
24934/15
22/04/2015
Oleksiy Volodymyrovych BOGOSLAVETS
24/03/1978
22/02/2016
13/11/2015
1,500
[i] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy