Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 16 czerwca 2016 r.
35129/08

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2016:0616DEC003512908

FIFTH SECTION

DECISION

Application no. 35129/08

Larisa Ivanovna SKIDAN against Ukraine

and 4 other applications

(see list appended)

The European Court of Human Rights (Fifth Section), sitting on 16 June 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:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

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

The first applicant was represented by Mr Yuriy Grigoryevich Taranenko, a lawyer practising in Odessa.

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").

Uzasadnienie prawne

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. 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.

Sentencja

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 7 July 2016.

Hasan Bakırcı

Deputy Registrar

Khanlar Hajiyev

President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of criminal 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

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 expenses

per applicant

(in euros) 1

1.

35129/08

11/07/2008

Larisa Ivanovna SKIDAN

05/10/1963

Yuriy Grigoryevich Taranenko

Odessa

13/11/2015

18/03/2016

1,890

2.

66863/10

12/11/2010

Viktor Petrovych GOYEV

29/07/1983

Leonid Pylypovych PRYGOTSKYY

22/06/1955

13/11/2015

18/03/2016

2,700

3.

63725/13

30/09/2013

Sergiy Andriyovych PROSYANYK

26/06/1981

08/02/2016

04/04/2016

810

4.

69209/13

14/10/2013

Oleg Ivanovich STAROVOY

27/12/1965

08/02/2016

12/04/2016

810

5.

76059/13

22/11/2013

Oleksandr Myroslavovych GADOMSKYY

29/10/1962

08/02/2016

13/04/2016

810

1

Plus any tax that may be chargeable to the applicants.