CASE OF SHAMRAY AND OTHERS v. UKRAINE
Doc ref: 15918/07;39085/07;52870/08;2523/09;11171/09;44694/10;17285/11;29774/16 • ECHR ID: 001-173494
Document date: May 18, 2017
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FOURTH SECTION
CASE OF SHAMRAY AND OTHERS v. UKRAINE
( Application no. 15918/07 and 7 others -
see appended list )
JUDGMENT
This version was rectified on 29 June 2017 under Rule 81 of the Rules of Court
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 KÅ«ris , 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 Svetlan a 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, Svetlan a 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]
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
39085/07
25/08/2007
Household
Aleksandr a Apollonovn a Shafranets
22/09/1923
The applicant died on 13/08/2008. The second and third applicants has the quality of heirs.
Lyudmil a Petrovn a Alaverdyan
23/08/1952
Rafael Aleksanovich Alaverdyan
25/0 5 /1948 [1]
Sergiy Yevgenovych Syrotenko
Kharkiv
22/09/2004
21/04/2006
24/03/2009
03/02/2006
23/09/2008
05/01/2012
1 st 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
2 nd set of proceedings
6 years, 3 months and 23 days
3 levels of jurisdiction
52870/08
18/10/2008
Lyubov Fedorovn a Lebedinskaya
22/10/1948
The applicant died on 06/06/2016. Her daughter, Ms M.S. Maltsev a 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
2523/09
20/12/2008
Laris a Dmitriyevn a Savchenko
20/06/1949
03/08/2000
17/07/2008
7 years, 11 months and 15 days
3 levels of jurisdiction
1,200
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
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
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
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[1] Rectified on 29 June 2017: the date was 25/08/1948.
[1] Plus any tax that may be chargeable to the applicants.