(Application no. 33949/02)
9 November 2006
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Belukha v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Mr P. Lorenzen, President,
Mrs S. Botoucharova,
Mr K. Jungwiert,
Mr V. Butkevych,
Mrs M. Tsatsa-Nikolovska,
Mr R. Maruste,
Mr M. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having deliberated in private on 16 October 2006,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
“The Artemivsk Town Court of the Donetsk Region requests you to provide a computer for the court's use.”
II. RELEVANT DOMESTIC LAW
A. Code of Civil Procedure of 1963 (“the Code”) (repealed as of 1 September 2005)
if he participated at an earlier stage of the proceedings as a witness, expert, interpreter, representative, prosecutor, court secretary;
if he was personally interested, directly or indirectly, in the outcome of the proceedings;
if his relatives took part in the proceedings;
if he had particular relations with the persons who took part in the proceedings; or
if there were other reasons for which his impartiality could be doubted.
to reject an appeal;
to quash the judgment of the first instance court and to remit the case for a fresh consideration, if a procedural violation prevented the court of appeal to examine new evidence or the evidence which the first instance court had not examined;
to quash the judgment of the first instance court and to discontinue the proceedings;
to change the judgment or to adopt a new judgment.
if the case had been considered by a person, who had not been entitled to sit as a judge in the case;
if the judgment had been adopted or singed by a judge who had not heard the case;
if the case had been heard in absence of a person who had not been duly informed about the time and place of a hearing; or
if the judgment concerned the rights and obligations of persons who had not participated in the case.
if the appeal raised an issue of incorrect application of the procedural rules by lower courts;
if a similar case was pending before the Chamber;
if application of the law by lower courts run contrary to the practice of the court of cassation; or
if the court of appeal had acted as a first instance court in the case.
The case could also be referred to the Chamber if the decisions had significant importance for uniform application of the law, or if the appeal contained information about the erroneous application of substantive or procedural law which had led or could have led to the wrongful decision in the case.
to reject an appeal;
to quash, in full or in part, the decision at issue and to remit the case for a fresh consideration to the court of first instance or the court of appeal;
to quash the decision of the court of appeal and to uphold the judgment of the first instance court;
to quash the decisions in the case and to discontinue the proceedings; or
to change the decision on the merits of the case.
B. Judiciary Act of 1981 (“the Act”) (repealed as of 1 June 2002)
I. COMPLAINT ABOUT THE LACK OF IMPARTIALITY
“In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing ... by an independent and impartial tribunal established by law.”
II. COMPLAINT ABOUT THE LENGTH OF THE PROCEEDINGS
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
III. OTHER COMPLAINTS
A. Article 13 of the Convention
B. Article 4 of the Convention
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, EUR 70 (seventy euros) in respect of costs and expenses, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable on the above amount;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 9 November 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1. Around 75 euros – “EUR”.
1. Around EUR 1,371.
2. Around EUR 1,475.
1. Around EUR 78.23.