European Court of Human Rights

 

 

 

FOURTH SECTION

 

 

 

 

 

 

CASE OF SHAMRAY AND OTHERS v. UKRAINE

 

(Application no. 15918/07 and 7 others -

see appended list)

 

 

 

 

 

 

 

 

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

 

18 May 2017

 

 

 

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




In the case of Shamray and Others v. Ukraine,

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 Karen Reid, Section Registrar,

Having deliberated in private on 27 April 2017,

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

PROCEDURE

1.  The case originated in applications against Ukraine 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 Ukrainian 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 civil proceedings and of the lack of any effective remedy in domestic law.

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 AND ARTICLE 13 OF THE CONVENTION

6.  The applicants complained that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement and that they had no effective remedy in this connection. They relied on Article 6 § 1 and Article 13 of the Convention, which read as follows:

Article 6 § 1

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

Article 13

“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”

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 Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

8.  In the leading cases of Svetlana Naumenko v. Ukraine, no. 41984/98, 9 November 2004 and Efimenko v. Ukraine, no. 55870/00, 18 July 2006, 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 on 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.  The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.

11.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 and of Article 13 of the Convention.

III.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

12.  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.”

13.  Regard being had to the documents in its possession and to its case-law (see, in particular, Svetlana Naumenko v. Ukraine, no. 41984/98, §§ 109 and 112, 9 November 2004), the Court considers it reasonable to award the sums indicated in the appended table.

14.  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 and Article 13 of the Convention concerning the excessive length of civil 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 18 May 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

          Karen Reid                                                         Vincent A. De Gaetano
            Registrar                                                                      President




APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of civil proceedings and lack of any effective remedy in domestic law)

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 pecuniary and non-pecuniary damage and costs and expenses per applicant / household (in euros)[1]
1.	15918/07 21/03/2007	Aleksandr Viktorovich Shamray 04/08/1954		01/07/2000	15/09/2009	9 years, 2 months and 15 days 3 levels of jurisdiction	1,800
2.	39085/07 25/08/2007	Household   Aleksandra Apollonovna Shafranets 22/09/1923   The applicant died on 13/08/2008. The second and third applicants has the quality of heirs.   Lyudmila Petrovna Alaverdyan 23/08/1952   Rafael Aleksanovich Alaverdyan 25/08/1948	Sergiy Yevgenovych Syrotenko Kharkiv	22/09/2004     21/04/2006     24/03/2009	03/02/2006     23/09/2008     05/01/2012	1st set of proceedings 1 years, 4 months and 13 days 3 levels of jurisdiction   2 years, 5 months and 3 days 3 levels of jurisdiction   2 years, 9 months and 13 days 3 levels of jurisdiction	1,200
				01/04/2007	23/07/2013	2nd set of proceedings 6 years, 3 months and 23 days 3 levels of jurisdiction
3.	52870/08 18/10/2008	Lyubov Fedorovna Lebedinskaya 22/10/1948   The applicant died on 06/06/2016. Her daughter, Ms M.S. Maltseva has the quality of heir	Vladimir Ivanovich Baranov Odesa	03/09/1999	21/04/2008	8 years, 7 months and 19 days 3 levels of jurisdiction	1,800
4.	2523/09 20/12/2008	Larisa Dmitriyevna Savchenko 20/06/1949		03/08/2000	17/07/2008	7 years, 11 months and 15 days 3 levels of jurisdiction	1,200
5.	11171/09 10/02/2009	Vladimir Bronislavovich Repetskiy 10/04/1960		16/09/1999     11/07/2005	12/03/2004     06/10/2008	4 years, 5 months and 26 days 3 levels of jurisdiction   3 years, 2 months and 26 days 3 levels of jurisdiction	1,200
6.	44694/10 01/07/2010	Mikhail Alekseyevich Shchur 28/04/1964		21/06/2001	19/10/2010	9 years, 3 months and 29 days 3 levels of jurisdiction	1,800
7.	17285/11 11/02/2011	Fedor Ivanovich Rudyy 01/04/1962		31/10/2006     24/01/2011     01/02/2013	21/05/2010     30/05/2011     23/12/2013	3 years, 6 months and 22 days 2 levels of jurisdiction   4 months and 7 days 2 levels of jurisdiction   10 months and 23 days 2 levels of jurisdiction	1,200
8.	29774/16 11/05/2016	Anatoliy Sergiyovych Kletsenko 06/03/1960		15/05/2008	11/11/2015	7 years, 5 months and 28 days 3 levels of jurisdiction	900

 




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