THIRD SECTION
DECISION
Application no. 37844/05
Aleksandr Aleksandrovich RYABCHENKO
and Irina Alekseyevna RYABCHENKO against Russia
and 15 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 30 June 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant and the relevant details of the applications are set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Russian Government (“the Government”). Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
A. Joinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
B. Complaints under Article 6 § 1 of the Convention (excessive length of civil proceedings)
In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for delays which occurred in the process of the examination of the applicants’ civil cases.
In particular, the Court notes that having regard to the overall length of the proceedings, the relevant complexity of the cases, the applicants’ conduct and that of the authorities, including the diligence they displayed while dealing with the cases, and the levels of jurisdiction involved, the length of the proceedings was not excessive and met the “reasonable time” requirement (see, among other authorities, Vasilchenko v. Russia, no. 34784/02, §§ 41-43, 23 September 2010; Danilina v. Russia (dec.), no. 5727/04, 11 March 2010; Kuznetsova v. Russia (dec.), no. 9839/03, 24 May 2007; Antonov v. Russia (dec.), no. 38020/03, 3 November 2011; Markin v. Russia (dec.), no. 59502/00, 16 September 2004; and Kuznetsov v. Russia (dec.), no. 73994/01, 17 June 2004)
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
C. Complaint under Article 13 of the Convention (lack of an effective remedy to complain about the excessive length of the proceedings)
Certain applicants complained that they did not have at their disposal an effective remedy to complain about the excessive length of the proceedings in their civil cases. The Court reiterates in this respect that this provision only applies to those with an arguable claim under the Convention (see Silver and Others v. the United Kingdom, 25 March 1983, § 113, Series A no. 61). Given that the applicants’ complaint under Article 6 was rejected for being manifestly ill-founded, the complaint under Article 13 should also be declared manifestly ill-founded and rejected under Article 35 §§ 3 and 4 of the Convention.
D. Remaining complaints
Some applicants also raised other complaints under various Articles of the Convention.
The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 21 July 2016.
Hasan BakırcıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth/
Date of registration
Representative name and location
Start of proceedings
End of proceedings
Total length
Level of jurisdiction
1.
37844/05
05/10/2005
Aleksandr Aleksandrovich RYABCHENKO
25/04/1955
Irina Alekseyevna RYABCHENKO
05/11/1955
05/06/2004
08/07/2005
1 year(s) and 1 month(s) and 4 day(s) 1 level(s) of jurisdiction
2.
27724/06
05/06/2006
Larisa Yakovlevna IOSEVICH
20/03/1939
Shlygin Vladimir Nikolayevich
St Petersburg
18/11/2002
14/04/2006
3 year(s) and 4 month(s) and 28 day(s) 2 level(s) of jurisdiction
3.
13722/07
22/02/2007
Nikolay Nikolayevich YEPIFANOV
05/11/1960
Telyatyev Igor Yuryevich
Arkhangelsk
02/07/2004
19/04/2007
2 year(s) and 9 month(s) and 18 day(s) 2 level(s) of jurisdiction
4.
20171/07
10/04/2007
Nadezhda Mikhaylovna MASTEGA
21/06/1959
19/06/2003
02/06/2005
21/04/2005
12/10/2006
1 year(s) and 10 month(s) and 3 day(s)
2 level(s) of jurisdiction
1 year(s) and 4 month(s) and 11 day(s) 2 level(s) of jurisdiction
5.
40252/07
07/08/2007
Arab Amkhadovich SHAMSADOV
19/07/1959
05/04/2005
21/02/2007
1 year(s) and
10 month(s) and
17 day(s) 3 level(s) of jurisdiction
6.
52147/07
30/09/2007
Leonid Maksimovich VIDYAKIN
11/02/1945
12/07/2004
19/04/2007
2 year(s) and 9 month(s) and 8 day(s) 2 level(s) of jurisdiction
7.
52149/07
30/09/2007
Yuliya Alekseyevna GRIBANOVA
15/10/1969
Telyatyev Igor Yuryevich
Arkhangelsk
12/07/2004
19/04/2007
2 year(s) and 9 month(s) and 8 day(s) 2 level(s) of jurisdiction
8.
52159/07
30/09/2007
Nikolay Valentinovich LUKINSKIY
07/04/1959
Telyatyev Igor Yuryevich
Arkhangelsk
12/07/2004
19/04/2007
2 year(s) and 9 month(s) and 8 day(s) 2 level(s) of jurisdiction
9.
52809/07
30/09/2007
Mikhail Yevgenyevich TITOV
06/02/1960
Telyatyev Igor Yuryevich
Arkhangelsk
09/07/2004
19/04/2007
2 year(s) and 9 month(s) and 11 day(s) 2 level(s) of jurisdiction
10.
53078/07
25/10/2007
Nataliya Aleksandrovna ZVEREVA
18/04/1958
14/05/2005
02/05/2007
1 year(s) and 11 month(s) and 19 day(s) 2 level(s) of jurisdiction
11.
53823/07
15/10/2007
Nadezhda Vladimirovna PROTSENKO
18/09/1952
14/04/2005
03/05/2006
12/11/2007
20/12/2005
07/05/2007
07/12/2007
8 month(s) and 7 day(s)
3 level(s) of jurisdiction
1 year(s) and 5 day(s)
3 level(s) of jurisdiction
26 day(s)
3 level(s) of jurisdiction
12.
54007/07
16/10/2007
Nikolay Nikolayevich ISAYEV
01/12/1947
09/02/2005
13/03/2006
08/07/2005
29/06/2007
5 month(s) 3 level(s) of jurisdiction
1 year(s) and 3 month(s) and 17 day(s) 3 level(s) of jurisdiction
13
54832/07
30/09/2007
Sergey Ivanovich PECHURKIN
15/01/1959
12/07/2004
19/04/2007
2 year(s) and 9 month(s) and 8 day(s) 2 level(s) of jurisdiction
14.
40093/08
26/05/2008
Andrey Viktorovich SLEZHAKOV
02/07/1954
15/11/2006
30/01/2007
30/01/2007
07/06/2007
2 month(s) and 16 day(s)
2 level(s) of jurisdiction
4 month(s) and 9 day(s)
2 level(s) of jurisdiction
15.
6836/09
31/10/2005
Gennadiy Petrovich YUDIN
25/02/1955
08/12/1999
10/05/2005
22/11/2000
16/06/2005
11 month(s) and 15 day(s)
2 level(s) of jurisdiction
1 month(s) and 7 day(s)
2 level(s) of jurisdiction
16.
9321/09
02/12/2008
Vladimir Vladimirovich KOSTETSKIY
14/01/1961
Galina Anatolyevna KOSTETSKAYA
25/07/1962
06/04/2005
03/06/2008
3 year(s) and 1 month(s) and 29 day(s) 2 level(s) of jurisdiction
Full & Egal Universal Law Academy