FIFTH SECTION
DECISION
Application no. 38110/19
Valeriy Anatoliyovych TESLYA against Ukraine
and 9 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 19 November 2020 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 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 Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and lack of an effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”). In application no. 46188/19, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the friendly-settlement declarations, signed by the parties, 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 10 December 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
List of applications 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)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
38110/19
10/07/2019
Valeriy Anatoliyovych TESLYA
1976
21/09/2020
24/05/2020
3,000
38983/19
12/07/2019
Igor Valeriyovych RUBAN
1968
21/09/2020
24/05/2020
3,000
39450/19
09/07/2019
Sergiy Yevgenovych BABENKO
1955
21/09/2020
24/05/2020
3,000
41876/19
24/07/2019
Bogdan Mykhaylovych GAVRONSKYY
1979
Mytsyk Oleg Volodymyrovych
Lviv
21/09/2020
30/04/2020
1,800
44250/19
13/08/2019
Oleksandr Volodymyrovych LEPESHKIN
1973
Polushchenko Denys Georgiyovych
Kyiv
21/09/2020
28/09/2020
3,600
46188/19
22/08/2019
Yuriy Volodymyrovych DOSKOCH
1963
Mytsyk Oleg Volodymyrovych
Lviv
21/09/2020
30/04/2020
3,900
48136/19
06/09/2019
Sergiy Tymofiyovych KYSELYOV
1981
Kotsur Taras Igorovych
Zhytomyr
21/09/2020
22/07/2020
3,600
51477/19
19/09/2019
Yuriy Sergiyovych CHURSIN
1988
Mytsyk Oleg Volodymyrovych
Lviv
21/09/2020
30/04/2020
2,400
52525/19
28/09/2019
Ruslan Vasylyovych ZHELUDCHENKO
1974
21/09/2020
24/05/2020
3,600
849/20
23/12/2019
Sergiy Volodymyrovych KOVALENKO
1968
21/09/2020
30/04/2020
3,600
[1] Plus any tax that may be chargeable to the applicants.
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