European Court of Human Rights

 

 

 

FOURTH SECTION

 

 

 

 

 

 

CASE OF BARTOK AND OTHERS v. ROMANIA

(Application no. 17282/09 and 2 others -

see appended list)

 

 

 

 

 

 

 

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

 

6 October 2016

 

 

 

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

 




In the case of Bartok and Others v. Romania,

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

          Vincent A. De Gaetano, President,
          Egidijus Kūris,
          Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, Deputy Section Registrar,

Having deliberated in private on 15 September 2016,

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

PROCEDURE

1.  The case originated in applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2.  The applications were communicated to the Romanian Government (“the Government”).

THE FACTS

3.  The list of applicants and the relevant details of the applications are set out in the appended table.

4.  The applicants complained of the excessive length of criminal proceedings.

THE LAW

I.  JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

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

6.  The applicants complained that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:

Article 6 § 1

“In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by a ... tribuna ...”

7.  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 applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

8.  In the leading case of Vlad and Others v. Romania, nos. 40756/06, 41508/07 and 50806/07, 26 November 2013, the Court already found a violation in respect of issues similar to those in the present case.

9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. 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.

10.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

III.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

11.  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.”

12.  Regard being had to the documents in its possession and to its case-law, the Court finds it reasonable to award the sums indicated in the appended table.

13.  The Court considers it appropriate that the default interest rate 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,

1.  Decides to join the applications;

 

2.  Declares the applications admissible;

 

3.  Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings;

 

4.  Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the 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 amounts 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 6 October 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

   Hasan Bakırcı                                                         Vincent A. De Gaetano
Deputy Registrar                                                                   President

 

 




APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

No.	Application no. Date of introduction	Applicant name Date of birth	Representative name and location	Start of proceedings	End of proceedings	Total length Levels of jurisdiction	Amount awarded for non-pecuniary damage per applicant (in euros)[1]
1.	17282/09 19/03/2009	Pavel BARTOK 19/11/1955	Werner Krempels Freiburg	19/03/1999	16/09/2008	9 years and 6 months   2 levels of jurisdiction	2,400
2.	38319/14 07/05/2014	Vasile BOTOMEI 07/01/1964		21/04/2006	20/11/2013	7 years and 7 months   2 levels of jurisdiction	1,500
3.	45632/14 05/06/2014	Constanța-Georgeta VAIDA 22/02/1935   Maria-Cristina VAIDA 29/10/1959	Nicoleta Tatiana Popescu Bucharest	15/04/2004	14/11/2013	9 years and 7 months   2 levels of jurisdiction	3,000

 




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[1] Plus any tax that may be chargeable to the applicants.