BELKIN AND OTHERS v. RUSSIA
Doc ref: 14330/07, 33850/04, 26235/05, 28433/07, 30200/07, 31415/07, 31699/07, 33058/07, 33408/07, 39665/07, ... • ECHR ID: 001-91521
Document date: February 5, 2009
- Inbound citations: 34
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- Cited paragraphs: 1
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- Outbound citations: 2
FIRST SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 14330/07 and 1 5 other a pplication s by Aleksandr Vasiliyevich BELKIN and Others against Russia
The European Court of Human Rights (First Section), sitting on 5 February 2009 as a Chamber composed of:
Christos Rozakis , President, Anatoly Kovler , Elisabeth Steiner , Dean Spielmann , Sverre Erik Jebens , Giorgio Malinverni , George Nicolaou , judges, and Søren Nielsen, Section Registrar ,
Having regard to the application s listed in the Annex ,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant s ,
Having deliberated, decides as follows:
THE FACTS
The applicants are 16 Russian nationals, whose names and dates of birth are shown in the Annex . The Russian Government (“the Government”) are represented by Mr A. Savenkov, First Deputy Minister of Justice, and Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicants are victims of the Chernobyl nuclear disaster who live in the Rostov Region of Russia. Under domestic law they were entitled to social benefits. Because the authorities had failed to pay the benefits in full or in time, the applicants sought relief in courts of the Rostov Region. The courts held for the applicants, the judgments became binding, but their full enforcement was delayed. Details of the judgments are shown in the Annex .
COMPLAINTS
1. The applicants complained about the delayed enforcement of the judgments .
2. The applicants complained that their efforts to obtain the enforcement of the judgments by domestic means proved ineffective.
3. The applicants also made accessory complaints under assorted Articles of the Convention.
Loading citations...THE LAW
1. The applicants complained about the delayed enforcement of the judgments. The Court will examine this complaint under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. Insofar as relevant, these Articles read as follows:
Article 6 § 1
“In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing ... by [a] ... tribunal...”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
The Government argued that th is complaint was inadmissible because of non-exhaustion of domestic remedies, the loss of victim status, the full enforcement of the judgments, and the reasonableness of the periods of enforcement.
The applicants maintained their complaints . Several applicants expanded their applications by complaining about non-enforcement of newer judgments. Several applicants contested the fact of the full enforcement of the judgments.
With regard to the applicants ’ complaints concerning newer judgments, the Court notes that these complaints were made after the communication of the applications to the Government and hence fall outside the scope of the present case.
The Court considers it possible to leave the questions of domestic remedies and victim status open, because the applications are in any event inadmissible as follows.
An unreasonably long delay in the enforcement of a binding judgment may breach the Convention (see Burdov v. Russia , no. 59498/00, ECHR 2002 ‑ III). To decide if the delay was reasonable, the Court will look at how complex the enforcement proceedings were, how the applicant and the authorities behaved, and what the nature of the award was ( see Raylyan v. Russia , no. 22000/03, § 31, 15 February 2007).
In the present applications , the periods of enforcement were up to one year. In the circumstances of the case, the Court considers that these periods complied with the requirements of the Convention . Insofar as several applicants contest the fact of the full enforcement of their judgments, the Court lends credence to the Government ’ s statement because the applicants have not submitted this argument to domestic courts (see Sirotin v. Russia (dec.), no. 38712/03, 14 September 2006).
It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
2. The applicants complained that their efforts to obtain the enforcement of the judgments by domestic means proved ineffective. The Court will examine this complaint under Article 13 of the Convention, which reads as follows:
“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.”
The Government argued that this complaint was inadmissible because the applicants did have at their disposal several effective remedies . The applicants maintained their complaint.
The Court reiterates that Article 13 requires domestic remedies only with regard to complaints arguable in the terms of the Convention (see Boyle and Rice v. the United Kingdom , 27 April 1988, § 52, Series A no. 131). Since the Court has found above that the applicants ’ complaint about the delayed enforcement is manifestly ill-founded, Article 13 has no application in the present case.
It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
3. The applicants also made accessory complaints referring to assorted Articles of the Convention.
However, 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 or its Protocols.
It follows that this part of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Declares the application s inadmissible.
Søren Nielsen Christos Rozakis Registrar President
ANNEX
No.
Applicant
Born
Court
Judgment of
Binding on
Enforced on
Period
14330/07
Belkin Aleksandr Vasiliyevich
1955Taganrog Town Court
26/01/06
07/02/06
30/10/06
0y 8m
31415/07
Dronov Vasiliy Viktorovich
1950Shakhty Town Court
21/11/06
02/12/06
17/08/07
0y 8m
Shakhty Town Court
28/03/07
07/04/07
03/12/07
0y 7m
54316/07
Gladkov Anatoliy Andreevich
1950Shakhty Town Court
27/11/06
26/02/07
03/12/07
0y 9m
55311/07
Karyev Gennadiy Aleksandrovich
1966Shakhty Town Court
21/11/06
04/12/06
03/12/07
0y 11m
33058/07
Kashchenko Sergey Anatoliyevich
1966Shakhty Town Court
25/05/06
05/06/06
18/12/06
0y 6m
44876/07
Khokhlov Aleksandr Ivanovich
1950Belokalitvinskiy Town Court
20/07/06
11/09/06
01/08/07
0y 10m
55325/07
Kirillov Vladimir Petrovich
1946Shakhty Town Court
21/12/06
10/01/07
03/12/07
0y 10m
33408/07
Kleymenkin Aleksandr Aleksandrovich
unspecified
Shakhty Town Court
23/11/06
05/01/07
29/11/07
0y 10m
Shakhty Town Court
30/01/07
13/02/07
17/08/07
0y 6m
30200/07
Kurinnyy Nikolay Mikhaylovich
1939Zernograd District Court
20/07/06
06/09/06
21/08/07
0y 11m
28433/07
Rodionov Aleksandr Ivanovich
1956Konstantinovskiy District Court
15/05/06
26/05/06
31/10/06
0y 5m
31699/07
Sasykin Aleksandr Nikolayevich
unspecified
Shakhty Town Court
30/11/06
12/12/06
17/08/07
0y 8m
50203/07
Serobaba Georgiy Petrovich
1967Shakhty Town Court
22/03/07
03/04/07
17/12/07
0y 8m
44870/07
Troshchev Vladimir Ivanovich
1954Belokalitvinskiy Town Court
20/07/06
04/09/06
17/08/07
0y 11m
39665/07
Tsibulin Viktor Nikolayevich
1948Shakhty Town Court
28/11/06
12/12/06
17/08/07
0y 8m
Shakhty Town Court
30/11/06
12/12/06
03/12/07
0y 11m
Shakhty Town Court
21/12/06
12/01/07
03/12/07
0y 10m
26235/05
Yegorov Mikhail Nikolayevich
1950Shakhty Town Court
13/03/96
unspecified
unspecified date in 1996
< 1y
33850/04
Zaratuyev Aleksey Stefanovich
1952Shakhty Town Court
17/10/06
31/10/06
17/08/07
0y 9m
Shakhty Town Court
28/02/07
13/03/07
03/12/07
0y 8m