FIFTH SECTION

DECISION

Application no. 24338/08 Sergiy Grygorovych BARABASH against Ukraine and 6 other applications (see appended table)

The European Court of Human Rights (Fifth Section), sitting on 29 September 2016 as a Committee composed of:

Khanlar Hajiyev, President, Faris Vehabović, Carlo Ranzoni, judges,

and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) . In application no. 26614/08, complaints based on the same facts were also communicated under other provisions of the Convention.

THE LAW

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

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.

The Government acknowledged the excessive length of criminal proceedings and the lack of any effective remedy in domestic law. In application no. 26614/08 , they further acknowledged interference with the applicant ’ s right to freedom of movement. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

The Court has not received a response from the applicants which accepts the terms of the unilateral declaration.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“for any other reason established by the Court, it is no longer justified to continue the examination of the applications”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see the principles emerging from the Court ’ s case-law, and in particular the Tahsin Acar v. Turkey (preliminary objections) ([GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI)).

The Court has established clear and extensive case-law concerning complaints relating to the excessive length of criminal proceedings (see, for example, Merit v. Ukraine, no. 66561/01, 30 March 2004).

Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Takes note of the terms of the respondent Government ’ s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 20 October 2016 .

Hasan Bakırcı Khanlar Hajiyev              Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

Representative name and location

Other complaints under well-established case-law

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s comments, if any

Amount awarded for pecuniary and non-pecuniary damage and costs and expense

per applicant

(in euros) [i]

24338/08

30/04/2008

Sergiy Grygorovych BARABASH

24/09/1961

24/11/2015

810

26614/08

16/05/2008

Igor Volodymyrovych KOT

30/05/1963

Prot. 4 Art. 2 (1) - excessive length of obligation not to abscond

11/03/2016

07/06/2016

6,300

4825/10

11/01/2010

Nikolay Ivanovich DVORNIKOV

07/12/1954

11/03/2016

30/05/2016

1,620

70573/12

04/10/2012

Vyacheslav Georgiyevich SHIKHOV

19/10/1974

24/11/2015

450

12746/15

06/03/2015

Vyacheslav Sergiyovych TSARENKO

27/07/1988

Olena Oleksandrivna Taranova

Kherson

10/03/2016

10/06/2016

450

21784/15

27/04/2015

Eduard Mykolayovych FURMAN

10/02/1981

Rovshanbek Nazarovych Rozmetov

Kyiv

10/03/2016

17/06/2016

1,080

26039/15

20/05/2015

Igor Leonidovych GREBENICHENKO

07/08/1968

11/03/2016

07/06/2016

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