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Cite as: [2011] ECHR 1392

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FIFTH SECTION

CASE OF SOBOLEV v. UKRAINE

(Application no. 55326/07)

JUDGMENT

STRASBOURG

22 September 2011

This judgment is final but it may be subject to editorial revision.

In the case of Sobolev v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

Boštjan M. Zupančič, President,
Ganna Yudkivska,
Angelika Nußberger, judges,
and Stephen Phillips, Deputy Section Registrar,

Having deliberated in private on 30 August 2011,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

The case originated in an application (no. 55326/07) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Dmytro Vitaliyovych Sobolev (“the applicant”), on 19 November 2007.

2. The Ukrainian Government (“the Government”) were represented by their Agent, Ms Valeria Lutkovska, of the Ministry of Justice.

On 2 September 2010 the President of the Fifth Section decided to give notice of the application to the Government. In accordance with Protocol No. 14, the application was allocated to a Committee of three Judges.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1975 and lives in Chernigiv.

On 29 May 1998 he lodged a claim with the Desnyanskyy District Court of Chernigiv (“the District Court”) against the Ministry of the Interior seeking damages for injuries caused to him by its employee Mr O.

6. From 18 December 1998 to 22 July 1999 and from 23 September 1999 to 1 November 1999 the proceedings were suspended pending the outcome of criminal proceedings against Mr O.

Following two remittals of the case for fresh examination, on 19 May 2004 the District Court partly allowed the applicant’s claim and awarded him certain amounts in damages.

On 16 September 2004 and 30 April 2007 respectively the Chernigiv Regional Court of Appeal and the Poltava Regional Court of Appeal (the latter court acting as a court of cassation) upheld the above judgment. The decision of 30 April 2007 was served on the applicant on 14 August 2007.

According to the Government, in the course of the proceedings the applicant three times amended his claim. The courts adjourned fifteen hearings following the applicant’s requests or due to his and other parties’ failure to attend them. The applicant disagreed stating that he had not been informed of the hearings which he had not attended. Some twenty two hearings were further adjourned following other parties’ requests, their failure to appear or for unspecified reasons.

THE LAW

I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” requirement, laid down in Article 6 § 1 of the Convention, which reads as follows:

“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...”

The Government contested that argument stating that the case had been complex and that the applicant had contributed to the length of the proceedings.

The period to be taken into consideration began on 29 May 1998 and ended on 14 August 2007, when a copy of the final decision was served on the applicant (see Gitskaylo v. Ukraine, no. 17026/05, § 34, 14 February 2008). From 18 December 1998 to 22 July 1999 and from 23 September 1999 to 1 November 1999 the proceedings were formally suspended (see paragraph 6 above). The proceedings thus lasted for about eight and a half years before three levels of jurisdiction.

A. Admissibility

The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

15. The Court considers that the complexity of the case and the conduct of the applicant, who somewhat contributed to the length of the proceedings (see paragraph 9 above), cannot explain their overall length. On the other hand, the Court finds that the protraction of the proceedings was mainly caused by two remittals of the case for fresh examination (see paragraph 7 above), by the repeated adjournments of the hearings (see paragraph 9 above) and by the lengthy period of consideration of the case by the court of cassation (see paragraph 8 above). It concludes, therefore, that the main responsibility for the lengthy duration of the proceedings rests with the State.

The Court has frequently found violations of Article 6 § 1 of the Convention in cases raising issues similar to the one in the present case (see Frydlender, cited above; Pavlyulynets v. Ukraine, no. 70767/01, § 53, 6 September 2005; and Moroz and Others v. Ukraine, no. 36545/02, § 62, 21 December 2006).

Having examined all the material submitted to it, the Court considers that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement. There has accordingly been a breach of Article 6 § 1.

II. REMAINING COMPLAINTS

The applicant also complained under Article 6 § 1 of the Convention about the unfavourable outcome of the proceedings and that his case had been examined by a court of cassation other than the Supreme Court.

Having carefully examined the applicant’s submissions in the light of all the material in its possession and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention.

It follows that this part of the application must be declared inadmissible as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

Article 41 of the Convention provides:

“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.”

A. Damage

The applicant claimed 910,388 ¹ and 4,000,000^² United States dollars (USD) respectively for pecuniary and non-pecuniary damage.

The Government contested these claims.

The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. On the other hand, it awards the applicant EUR 1,600 in respect of non pecuniary damage.

B. Costs and expenses

The applicant also claimed USD 10,000 ³ for the costs and expenses incurred before the domestic courts. He provided no supporting documents in this respect.

The Government contested the claim.

Regard being had to the documents in its possession and to its case-law, the Court rejects this claim.

C. Default interest

The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

Declares the complaint under Article 6 § 1 of the Convention concerning the excessive length of the proceedings admissible and the remainder of the application inadmissible;

Holds that there has been a violation of Article 6 § 1 of the Convention;

Holds

(a) that the respondent State is to pay the applicant, within three months EUR 1,600 (one thousand six hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement;

(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;

Dismisses the remainder of the applicant’s claim for just satisfaction.

Done in English, and notified in writing on 22 September 2011, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Stephen Phillips Boštjan M. Zupančič
Deputy Registrar President

1. About 645,711 euros (EUR)

2. About EUR 2,837,080

3. About EUR 7,092.70