FIFTH SECTION
DECISION
Application no. 43873/19
Mykola Oleksandrovych TRYUKHAN
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 9 August 2019,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr O.V. Mytsyk, a lawyer practising in Lviv.
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”). A complaint based on the same facts was also communicated under Article 2 of Protocol No. 4 to the Convention.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.
THE LAW
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 application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
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
Other complaints under
well-established case-law
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]
43873/19
09/08/2019
Mykola Oleksandrovych TRYUKHAN
1950
Prot. 4 Art. 2
excessive length of obligation not to abscond – Since 09/09/2005 the applicant is under an obligation not to abscond.
18/01/2021
30/04/2020
7,000
[1] Plus any tax that may be chargeable to the applicant.
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