European Court of Human Rights

FIFTH SECTION

CASE OF METYOLKINA AND OTHERS v. UKRAINE

(Application no. 4827/11 and 4 others

– see appended table)

JUDGMENT

STRASBOURG

28 October 2021

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

In the case of Metyolkina and Others v. Ukraine,

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

          Lətif Hüseynov, President,
          Lado Chanturia,
          Arnfinn Bårdsen, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 7 October 2021,

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

PROCEDURE

1.  The case originated in five 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 Ukrainian Government (“the Government”) were given notice of the applications.

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 denial of access to higher courts in their cases.

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 they had been denied access to higher courts in the course of civil proceedings to which they had been a party. They relied, expressly or in substance, on Article 6 § 1 of the Convention, which reads as follows:

Article 6 § 1

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

7.  The Court reiterates that Article 6 § 1 secures to everyone the right to have any claim relating to his or her civil rights or obligations brought before a court or tribunal. That right of access is not absolute and it is subject to limitations, which, however, must not restrict or reduce a person’s access in such a way or to such an extent that the very essence of the right is impaired. Article 6 of the Convention does not compel the Contracting States to set up courts of appeal or of cassation. However, where such courts do exist, the guarantees of Article 6 must be complied with, for instance in that it guarantees to litigants an effective right of access to the courts for the determination of their civil rights and obligations. Furthermore, it is not for this Court to deal with alleged errors of law or fact committed by the national courts unless and in so far as they may have infringed rights and freedoms protected by the Convention. On the other hand, the risk of any mistake made by a State authority must be borne by the State, and errors must not be remedied at the expense of the individual concerned (see, among other authorities, Gavrilov v. Ukraine, no. 11691/06, §§ 23-25, 16 February 2017, with further references).

8.  In the leading case of Mushta v. Ukraine (no. 8863/06, §§ 40-47, 18 November 2010), the Court already found a violation of Article 6 § 1 in respect of an issue 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 the applicants’ complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the application of relevant procedural rules leading to the denial of the applicants’ access to higher courts could not be regarded as foreseeable and/or was excessively formalistic.

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 (see, in particular, Gavrilov, cited above, § 36), the Court considers it reasonable to award the sums indicated in the appended table and it rejects any additional claims for just satisfaction raised by the applicants.

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 denial of access to higher courts;

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;

5.      Dismisses the remainder of the applicants’ claims for just satisfaction.

Done in English, and notified in writing on 28 October 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina                                                         Lətif Hüseynov
Acting Deputy Registrar                                                            President

APPENDIX

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

(denial of access to higher courts)