FIFTH SECTION
DECISION
Application no. 64596/12
Vasiliy Albertovich ZAVADSKIY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 9 December 2014 as a Committee composed of:
Boštjan M. Zupančič, President,
Helena Jäderblom,
Aleš Pejchal, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 8 October 2012,
Having regard to the declaration submitted by the respondent Government on 25 December 2013 requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vasiliy Albertovich Zavadskiy, is a Ukrainian national, who was born in 1960 and lives in Odessa.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicant complained under Articles 6 § 1 and 13 of the Convention about the excessive length of the proceedings to which he was the party and of lack of an effective remedy in respect of his grievances.
The application was communicated to the Government.
THE LAW
The applicant complained about excessive length of the proceedings in his case and about lack of effective domestic remedies in this regard. He relied on Articles 6 § 1 and 13 of the Convention.
After the failure of attempts to reach a friendly settlement, by a letter of 25 December 2013 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The declaration provided as follows:
“The Government of Ukraine acknowledge the violation of the applicant’s right about excessive length of the proceedings in the applicant’s case before the national courts and lack of the effective domestic remedies.
The Government of Ukraine offer to pay to Mr Vasiliy Albertovich Zavadskiy EUR 450 (four hundred fifty euros) to cover any pecuniary and non-pecuniary damage, as well as any and all costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be converted into the national 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 decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 Government’s declaration was sent to the applicant who was invited to submit his comments by 14 March 2014. He failed to do so. With regard to his previous negative position concerning a friendly settlement of the case, the Court considers that the applicant is not satisfied with the terms of the declaration.
The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
It also recalls that in certain circumstances, it may strike out an application under Article 37 § 1(c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.
To this end, the Court will examine carefully the declaration in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (Tahsin Acar v. Turkey, [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI); WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.) no. 28953/03, 18 September 2007).
The Court has established in a number of cases, including those brought against Ukraine, its practice concerning complaints about the violation of one’s right to a hearing within a reasonable time (see, for example, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII; Cocchiarella v. Italy [GC], no. 64886/01, §§ 69-98, ECHR 2006‑V; Majewski v. Poland, no. 52690/99, 11 October 2005; and Pavlyulynets v. Ukraine, no. 70767/01, §§ 39-52, 6 September 2005).
Having regard to the nature of the admissions contained in the Government’s declaration, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1(c)).
Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration under Articles 6 § 1 and 13 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Stephen PhillipsBoštjan M. Zupančič
RegistrarPresident
Full & Egal Universal Law Academy