THIRD SECTION

CASE OF GORDEYEV AND OTHERS v. RUSSIA

( Application no. 61662/13 and 5 others -

see appended list )

JUDGMENT

STRASBOURG

6 July 2017

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

In the case of Gordeyev and O thers v. Russia ,

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

Luis López Guerra, President, Dmitry Dedov , Jolien Schukking , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 15 June 2017 ,

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

PROCEDURE

1. The case originated in applications against Russia 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 Russian 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 that they had been denied an opportunity to appear in person before the court in the civil proceedings to which they were parties .

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 their right to a fair hearing had been breached on account of the domestic courts ’ refusal of their requests to appear in court. They relied 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 ... hearing within a reasonable time by [a] ... tribunal ...”

7. The Court reiterates that the applicants, detainees at the time of the events, were not afforded an opportunity to attend hearings in civil proceedings to which they were parties. The details of those domestic proceedings are indicated in the appended table. The Court observes that the general principles regarding the right to present one ’ s case effectively before the court and to enjoy equality of arms with the opposing side, as guaranteed by Article 6 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Steel and Morris v. the United Kingdom , no. 68416/01, §§ 59-60, ECHR 2005-II). The Court ’ s analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants ’ personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia , no. 27236/05 and 10 others, § 48, 16 February 2016).

8. In the leading case of Yevdokimov and Others v. Russia, cited above, 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 domestic courts deprived the applicants of the opportunity to present their cases effectively and failed to meet their obligation to ensure respect for the principle of a fair trial.

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 considers 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 applicant ’ s absence from 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 6 July 2017 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Luis López Guerra Acting Deputy Registrar President

APPENDIX

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

( applicant ’ s absence from civil proceedings )

No.

Application no. Date of introduction

Applicant name

Date of birth

Nature of the dispute Final decision

First-instance hearing date

Court

Appeal hearing date

Court

Amount awarded for non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

61662/13

02/09/2013

Oleg Aleksandrovich Gordeyev

17/06/1980

non-pecuniary damage for bad conditions of detention

29/04/2013

Troitsk Town Court of the Chelyabinsk Region

09/07/2013

Chelyabinsk Regional Court

1,500

64443/13

19/08/2013

Vladimir Sergeyevich Simerikov

24/05/1978

non-pecuniary damages for poor conditions of detention;

also complains about two unrelated sets of proceedings:

non-pecuniary damages for prison authorities ’ failure to prevent a brawl between inmates

challenge against the applicant ’ s unjustified twenty-days ’ detention in temporary prison facility on his way to correctional colony

26/02/2013

Balakhtinskiy District Court of the Krasnoyarsk Region

0 4/04/2013

Zheleznodorozhniy District Court of the Krasnoyarsk Region

29/07/2013

Sverdlovskiy District Court of Krasnoyarsk

20/05/2013

Krasnoyarsk Regional Court

15/07/2013

Krasnoyarsk Regional Court

18/11/2013

Krasnoyarsk Regional Court.

1,500

67201/13

05/10/2013

Yevgeniy Markelovich Yeremin

03/06/1966

non-pecuniary damages for deprivation of food during consultation of case file and during investigative actions

06/12/2012

Tsentralniy District Court of Kaliningrad

10/04/2013

Kaliningrad Regional Court

1,500

11204/14

23/12/2013

Yuriy Vladimirovich Karpov

25/03/1987

non-pecuniary damages for bad conditions of detention

01/08/2013

Gusevsk Town Court of the Kaliningrad Region

30/10/2013

Kaliningrad Regional Court

1,500

13237/14

03/01/2014

Denis Sergeyevich Kharsak

01/12/1984

challenge against prison authorities ’ disciplinary sanctions (SHIZO) issued against the applicant

08/05/2013

Tayshet Town Court of the Irkutsk Region

18/10/2013

Irkutsk Regional Court

1,500

15444/14

26/06/2014

Konstantin Vladimirovich Glukhov

03/02/1976

challenge against prison administration ’ s decision to place the applicant in a disciplinary cell for bad behaviour

27/02/2013

Tayshet Town Court of the Irkutsk Region

25/04/2014

Irkutsk Regional Court

1,500

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