CASE OF SENCHENKO AND OTHER "YAKUT PENSIONERS" CASES v. RUSSIA
Doc ref: 32865/06, 3137/07, 3158/07, 5650/07, 5654/07, 5657/07, 5663/07, 6727/07, 6822/07, 6828/07, 6846/07, ... • ECHR ID: 001-92787
Document date: May 28, 2009
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FIRST SECTION
CASE OF SENCHENKO AND OTHERS and 35 other “Yakut pensioners” cases v. RUSSIA
(Application s no s . 32865/06, 3137/07 , 3158/07 , 5650/07 , 5654/07 , 5657/07 , 5663/07 , 6727/07 , 6822/07 , 6828/07 , 6846/07 , 8553/07 , 8560/07 , 11576/07 , 11578/07 , 11582/07 , 11583/07 , 11584/07 , 11585/07 , 12966/07 , 13830/07 , 13831/07 , 13833/07 , 13835/07 , 19001/07 , 19003/07 , 19736/07 , 19738/07 , 19740/07 , 19741/07 , 19744/07 , 19746/07 , 19749/07 , 19752/07 , 20343/07 , and 20939/07 )
JUDGMENT
STRASBOURG
28 May 2009
FINAL
06 / 11 /2009
This judgment may be subject to editorial revision.
In the case of Senchenko and Others and 35 other “Yakut pensioners” cases v. Russia ,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis , President, Nina Vajić , Anatoly Kovler , Khanlar Hajiyev , Dean Spielmann , Sverre Erik Jebens , George Nicolaou , judges, and Søren Nielsen , Section Registrar ,
Having deliberated in private on 7 May 2009 ,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1 . The case originated in 36 applications against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 90 Russian nationals whose names and dates of birth are tabulated in the Annex (“the applicants”). The applications ’ dates of introduction are also tabulated in the Annex.
On 4 September 2007 one of the applicants, Ms Skripka Nadezhda Yegorovna, died, and her daughter , Ms Skripka Oksana Vasiliyevna , adopted her application. On an unspecified date another applicant, Mr Maznitsa Dmitriy Anatolyevich, died, but no heir showed interest in pursuing his application.
2 . The applicants were represented by Mr I. Novikov, a lawyer practising in Novosibirsk . The Russian Government (“the Government”) were represented by M r s V. Milinchuk , former Representative of the Russian Federation at the European Court of Human Rights .
3 . T he President of the First Section decided to communicate the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3) and to join the applications (Rule 42 of the Rules of Court).
THE FACTS
4 . The applicants are pensioners. They sued a pension authority for miscalculating their pensions. The Neryungri Town Court of Yakutia held for the applicants. The Supreme Court of Yakutia upheld those judgments on appeal and they became binding. Later, on the pension authority ’ s request, the Presidium of the Supreme Court of Yakutia quashed the judgments on supervisory review because it considered that the courts below had misinterpreted material law. The dates of the court decisions are tabulated in the Annex.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL No. 1
5 . The applicants complained under Articles 6 and 13 of the Convention, and Article 1 of Protocol No. 1 about the quashing of their judgments. The Court considers it appropriate to examine this complaint under Article 6 of the Convention and Article 1 of Protocol No. 1 only. 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.”
A. Admissibility
6 . The Government argued that the applications were inadmissible.
The proceedings in question had been outside the sphere of Article 6 because they had concerned pension laws of a general application.
Supervisory review had been a legitimate feature of Russia ’ s legal system. The judgments had had to be quashed because they had been based on a misapplication of law and hence had contained a fundamental defect. The supervisory review had aimed to ensure a uniform application of pension laws and hence promoted legal certainty. The domestic procedure for supervisory review had been respected. The supervisory review had been set in motion by a party to the proceedings and had happened shortly after the judgments had become binding.
Annulment of binding judgments had been legitimate in a democratic society and known, for example, to such countries as Germany , Austria , and Switzerland . Besides, the Committee of Ministers of the Council of Europe had found that Russia ’ s supervisory-review procedure had improved.
In the cases at hand, the supervisory review had not breached Article 1 of Protocol No. 1 because the authorities left to the applicants the sums paid before the quashing. Besides, since the Presidium had in the end found that the applicants ’ claims had been unfounded, they had not had a “possession” within the meaning of Article 1 of Protocol No. 1.
7 . The applicants insisted that their applications were admissible.
The judgments had been correct. The Presidium ’ s disagreement with the lower courts ’ reading of the law had not justified the quashing. Even though the State had left to the applicants the sums paid before the quashing, these sums had still been lower that they should have been under the judgments.
8 . The Court notes, first, that Mr Maznitsa has died and that no heir has shown interest in pursuing his part of application no. 6727/07. Furtherm ore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of that application . In view of the above, it is appropriate to strike Mr Maznitsa ’ s part of application no. 6727/07 out of the list.
9 . As to the other applicants, the Court finds that their disputes concerned their individual pensions and hence fell within the ambit of Article 6 of the Convention and Article 1 of Protocol No. 1 (see Magomedov v. Russia , no. 20111/03, § 16, 4 December 2008 ).
10 . The Court notes that the applications are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.
B. Merits
11 . The Court has earlier found violations of Article 6 § 1 and Article 1 of Protocol No. 1 where, like in the present cases, supervisory review was used to quash a binding judgment on the ground of an alleged misinterpretation of material law (see, for example, Kot v. Russia , no. 20887/03, § 29, 18 January 2007). There is no reason to depart from that finding in the present case.
12 . There has, accordingly, been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.
II . APPLICATION OF ARTICLE 41 OF THE CONVENTION
13 . 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.”
14 . The applicants set out claims for just satisfaction in their initial application forms, but failed to resubmit these claims at the appropriate stage of the proceedings, i.e. after notice of the applications had been given to the Government.
15 . Nevertheless, the Court considers it reasonable in the circumstances of the present applications to grant the applicants just satisfaction ad hoc ( see Levochkina v. Russia , no. 944/02, § § 53–55 , 5 July 2007 ). Making its assessment on an equitable and reasonable bas i s, the Court awards each applicant 2,000 euros in respect of pecuniary damage, non-pecuniary damage, and costs and expenses.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Decides to join the applications;
2 . Decides to strike out of its list of cases Mr Maznitsa ’ s part of application no. 6727/07 ;
3 . Declares the other applications admissible;
4 . Holds that there has been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1;
5 . Holds
(a) that the respondent State is to pay each applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,000 ( two thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage , non-pecuniary damage , and costs and expenses, to be converted into Russian roubles 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 28 May 2009 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Christos Rozakis Registrar Pr esident
ANNEX
Appl. no.
Introduced on
Name of Applicant
Born
Judgment of
Binding on
Quashed on
32865/06
17/06/06
Senchenko Naylya Rukhkhulovna
1940
01/04/04
12/05/04
09/02/06
Dmitriyeva Alevtina Ivanovna
1952
01/04/04
12/05/04
09/02/06
Dmitriyeva Margarita Petrovna
1939
01/04/04
12/05/04
09/02/06
Levitskiy Nikolay Savelyevich
1934
01/04/04
12/05/04
09/02/06
Levitskaya Natalya Aleksandrovna
1936
01/04/04
12/05/04
09/02/06
Lebedeva Vera Yevdokimovna
1949
01/04/04
12/05/04
09/02/06
Makusheva Svetlana Aleksandrovna
1935
01/04/04
12/05/04
09/02/06
Moskaleva Galina Yegorovna
1950
01/04/04
12/05/04
09/02/06
Moskalev Nikolay Vasilyevich
1946
01/04/04
12/05/04
09/02/06
Plakhotnichenko Pavel Igorevich
1946
01/04/04
12/05/04
09/02/06
Spiridonova Taisiya Vasilyevna
1949
01/04/04
12/05/04
09/02/06
3137/07
29/11/06
Zhmurin Yuriy Viktorovich
1948
03/05/04
28/03/05
27/07/06
Karbovskaya Galina Ivanovna
1950
03/05/04
28/03/05
27/07/06
3158/07
01/12/06
Chumakova Anna Dmitriyevna
1944
05/10/04
21/03/05
24/08/06
5650/07
15/11/06
Sagaydakova Lyudmila Vasilyevna
1940
05/10/04
21/03/05
24/08/06
Demakova Natalya Vladislavovna
1951
05/10/04
21/03/05
24/08/06
Kozlova Lyudmila Alekseyevna
1940
05/10/04
21/03/05
24/08/06
Korshikova Vera Pavlovna
1934
05/10/04
21/03/05
24/08/06
Khvorova Lyubov Alekseyevna
1949
05/10/04
21/03/05
24/08/06
Muzyreva Nina Vasilyevna
1949
05/10/04
21/03/05
24/08/06
Myzyrev Yuriy Pavlovich
1943
05/10/04
21/03/05
24/08/06
Ilchuk Valeriy Georgiyevich
1950
05/10/04
21/03/05
24/08/06
Kazarenko Vladimir Savelyevich
1930
05/10/04
21/03/05
24/08/06
Labzin Nikolay Ivanovich
1945
05/10/04
21/03/05
24/08/06
5654/07
17/11/06
Ostrova Lyudmila Petrovna
1952
30/11/04
21/03/05
27/07/06
5657/07
29/12/06
Matveyeva Lidiya Ivanovna
1948
21/04/05
06/06/05
12/10/06
Loseva Tamara Moiseyevna
1954
21/04/05
06/06/05
12/10/06
Solovyova Galina Stepanovna
1946
21/04/05
06/06/05
12/10/06
5663/07
17/11/06
Loginova Tamara Ivanovna
1941
28/09/04
21/03/05
24/08/06
6727/07
01/10/06
Vasilyeva Nina Leonidovna
1945
17/03/05
18/04/05
27/07/06
Doruda Yevgeniy Nikiforovich
1945
17/03/05
18/04/05
27/07/06
Lefterova Lyudmila Aleksandrovna
1954
17/03/05
18/04/05
27/07/06
Maznitsa Dmitriy Anatolyevich
1971
17/03/05
18/04/05
27/07/06
Podozyorov Vladimir Mikhaylovich
1949
17/03/05
18/04/05
27/07/06
Fyodorova Mariya Lukinichna
1954
17/03/05
18/04/05
27/07/06
6822/07
29/12/06
Vinnik Grigoriy Yakovlevich
1949
23/03/05
04/05/05
24/08/06
6828/07
29/12/06
Sharshavina Lyubov Demyanovna
1954
17/03/05
18/04/05
24/08/06
6846/07
22/12/06
Pyankov Viktor Arkadyevich
1950
28/06/05
01/08/05
16/11/06
Pyankova Mariya Mikhaylovna
1950
28/06/05
01/08/05
16/11/06
8553/07
12/01/07
Krupa Tamara Ivanovna
1947
04/03/05
18/04/05
24/08/06
8560/07
16/01/07
Lebid Roman Petrovich
1963
18/11/04
21/03/05
27/07/06
11576/07
11/12/06
Burlakova Tatyana Andreyevna
1957
22/11/04
21/03/05
13/07/06
Vintovkina Nadezhda Alekseyevna
1954
22/11/04
21/03/05
13/07/06
11578/07
08/11/06
Torlova Tatyana Nikitichna
1953
05/10/04
23/03/05
27/07/06
11582/07
09/11/06
Avdeyeva Valentina Stepanovna
1948
27/09/04
21/03/05
27/07/06
Ovechkin Grigoriy Pavlovich
1949
27/09/04
21/03/05
27/07/06
11583/07
11/12/06
Bystrov Aleksandr Mikhaylovich
1953
16/08/04
21/03/05
27/07/06
11584/07
11/12/06
Belyayev Viktor Fyodorovich
1939
17/03/05
18/04/05
27/07/06
11585/07
07/11/06
Shipitsyna Lyudmila Georgiyevna
1949
30/11/04
23/03/05
24/08/06
12966/07
02/01/07
Ananyeva Tamara Nikolayevna
1950
31/03/05
08/06/05
27/07/06
13830/07
15/02/07
Samikova Lyudmila Alekseyevna
1954
30/03/05
06/06/05
16/11/06
Yesipenko Nikolay Stepanovich
1947
30/03/05
06/06/05
16/11/06
13831/07
11/02/07
Gredasova Lyubov Vasilyevna
1951
07/04/05
06/06/05
16/11/06
13833/07
15/02/07
Kim Lev Borisovich
1949
09/03/05
11/04/05
24/08/06
13835/07
15/02/07
Kostovarov Aleksandr Mikhaylovich
1952
23/03/05
23/05/05
16/11/06
19001/07
21/03/07
Varnakova Larisa Aleksandrovna
1952
21/04/05
29/06/05
19/10/06
Morozova Nadezhda Alekseyevna
1948
21/04/05
29/06/05
19/10/06
Skripka Nadezhda Yegorovna
1947
21/04/05
29/06/05
19/10/06
Fritz Galina Fyodorovna
1935
21/04/05
29/06/05
19/10/06
19003/07
16/02/07
Derevyannykh Valentina Mikhaylovna
1956
28/06/05
01/08/05
30/11/06
Davletov Talgat Shakirovich
1950
28/06/05
01/08/05
30/11/06
Oleynikova Vera Georgiyevna
1955
28/06/05
01/08/05
30/11/06
Ryazanova Svetlana Ivanovna
1962
28/06/05
01/08/05
30/11/06
Pavlik Pyotr Nikitovich
1949
28/06/05
01/08/05
30/11/06
19736/07
07/03/07
Fedko Vladimir Mikhaylovich
1950
10/06/05
06/07/05
12/10/06
19738/07
01/03/07
Shumikhina Lyudmila Mikhaylovna
1946
07/04/05
06/06/05
12/10/06
19740/07
01/03/07
Gaponova Olga Aleksandrovna
1954
07/04/05
06/06/05
12/10/06
Drozhzhina Galina Alekseyevna
1948
07/04/05
06/06/05
12/10/06
19741/07
01/03/07
Aleksandrov Nikolay Mikhaylovich
1954
27/06/05
27/07/05
12/10/06
19744/07
23/02/07
Veretelnik Anatoliy Mikhaylovich
1947
21/03/05
23/05/05
12/10/06`
19746/07
27/02/07
Godunova Natalya Ivanovna
1954
08/04/05
08/06/05
16/11/06
Zolotukhina Tatyana Prokopyevna
1954
08/04/05
08/06/05
16/11/06
Samoylova Lyubov Davydovna
1954
08/04/05
08/06/05
16/11/06
19749/07
23/02/07
Koreneva Lyudmila Georgiyevna
1955
29/04/05
20/06/05
09/11/06
Skripelyova Valentina Mikhaylovna
1954
29/04/05
20/06/05
09/11/06
Stolova Tamara Vladimirovna
1954
29/04/05
20/06/05
09/11/06
19752/07
07/03/07
Stepanova Tatyana Ivanovna
1951
04/04/05
08/06/05
16/11/06
Sinitsyna Anna Ivanovna
1951
04/04/05
08/06/05
16/11/06
20343/07
16/02/07
Andrianova Yelena Fyodorovna
1954
11/05/05
15/06/05
16/11/06
Dorokhov Gennadiy Petrovich
1950
11/05/05
15/06/05
16/11/06
Davletova Firuza Shaykhenurovna
1955
11/05/05
15/06/05
16/11/06
Kotova Olga Igorevna
1957
11/05/05
15/06/05
16/11/06
Parshin Sergey Aleksandrovich
1956
11/05/05
15/06/05
16/11/06
Shcherbakov Aleksandr Aleksandrovich
1949
11/05/05
15/06/05
16/11/06
Shcherbakova Tatyana Innokentyevna
1954
11/05/05
15/06/05
16/11/06
Kravchenko Yekaterina Filippovna
1931
11/05/05
15/06/05
16/11/06
Pigolkina Tatyana Pavlovna
1954
11/05/05
15/06/05
16/11/06
20939/07
10/04/07
Plakhotnik Mariya Yevstafyevna
1938
26/09/05
31/10/05
16/11/06
Kolesnikova Yelena Dmitriyevna
1943
26/09/05
31/10/05
16/11/06
Sergeyeva Lyudmila Mikhaylovna
1945
26/09/05
31/10/05
16/11/06