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FIRST SECTION
CASE OF KURYANOV v. RUSSIA
(Application no. 37643/04)
JUDGMENT
STRASBOURG
6 March 2008
This judgment will become final in the
circumstances set out in Article 44 § 2 of the
Convention. It may be subject to editorial revision.
In the case of Kuryanov v. Russia,
The European Court of Human Rights (First Section), sitting as a
Chamber composed of:
Christos Rozakis,
President,
Nina
Vajić,
Anatoli
Kovler,
Dean
Spielmann,
Sverre
Erik Jebens,
Giorgio
Malinverni,
George
Nicolaou,
judges,
and Søren Nielsen, Section
Registrar,
Having deliberated in private on 12 February 2008,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
- The case originated in an application (no. 37643/04)
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 a Russian national, Mr
Viktor Alekseyevich Kuryanov (“the applicant”), on 30
August 2004.
- The applicant was represented by Mrs S. Poznakhirina,
an NGO expert working in Novovoronezh.
- The Russian Government (“the Government”)
were represented by Mr P. Laptev, former Representative of the
Russian Federation at the European Court of Human Rights.
- On 29 May 2006 the Court decided to give notice of the
application to the Government. Under the provisions of Article 29 §
3 of the Convention, it decided to examine the merits of the
application at the same time as its admissibility.
THE FACTS
THE CIRCUMSTANCES OF THE CASE
- The applicant was born in 1952 and lives in the town of
Novovoronezh in the Voronezh Region.
- He sued the Welfare Office of Novovoronezh and the
local department of the Federal Treasury for unpaid social benefits
and obtained five judgments in his favour.
A. First judgment and its indexation
- On 30 June 2003 the Novovoronezh Town Court of the
Voronezh Region (“the Town Court”) awarded the applicant
19,315.50 Russian roubles (RUB) in arrears relating to a disability
allowance. On 7 August 2003 the Voronezh Regional Court upheld the
judgment. It was enforced in full on 17 December 2004.
- On 31 May 2005 the Town Court awarded the applicant
RUB 3,204.51 in penalties for the delayed enforcement of the
judgment of 30 June 2003. The judgment acquired legal force on 14
June 2005. It has not been enforced to date.
B. Second judgment and its indexation
- On 24 March 2004 the Town Court awarded the applicant
RUB 16,765.50 in arrears relating to a disability allowance. The
judgment entered into force on 5 April 2004. It was enforced in full
on 3 August 2005.
- On 26 September 2005 the Town Court awarded the
applicant RUB 3,412.28 in penalties for the delayed enforcement
of the judgment of 24 March 2004. The judgment acquired legal force
on 7 October 2005. It has not been enforced to date.
C. Third judgment
- On 1 April 2004 the Town Court awarded the applicant
RUB 4,329.72 in arrears relating to a food allowance and RUB
643.85 in arrears relating to a disability allowance. The judgment
acquired legal force on 12 April 2004. It has not been enforced to
date.
D. Fourth judgment and its indexation
- On 8 June 2004 the Town Court awarded the applicant
RUB 9,494.52 in arrears relating to a disability allowance and
held that as of 1 April 2004 the applicant had been entitled to a
monthly disability allowance in the amount of RUB 5,664.84, to be
index-linked in accordance with legislation. The judgment entered
into force on 18 June 2004. However, the authorities failed to
backdate the increase as of 1 April 2004 and continued to underpay
the applicant until August 2004.
- On 30 November 2004 the Town Court examined the
applicant's complaint about the non-enforcement of the judgment of 8
June 2004 and recovered RUB 15,824 for the debt accrued as a result
of the underpayment between April and August 2004. The judgment of 30
November 2004 entered into force on 14 December 2004.
- The judgments of 8 June and 30 November 2004 were
enforced in full on 22 December 2005.
- On 27 February 2006 the Town Court awarded the
applicant RUB 3,165.25 in penalties for the delayed enforcement
of the judgments of 8 June and 30 November 2004. The judgment
became final on 10 March 2006. It has not been enforced to date.
E. Fifth judgment
- On 8 June 2004 the Town Court recovered in the
applicant's favour the unpaid food allowance in the amount of RUB
1,139.34 and the unpaid annual disability allowance in the amount of
RUB 632.97. The court furthermore held that as of 1 April 2004
the applicant had been entitled to a monthly food allowance in the
amount of RUB 679.78, to be index-linked in accordance with
legislation. The court also held that as of 2005 the applicant was
entitled to a disability allowance, to be index-linked in accordance
with legislation. The judgment entered into force on 18 June 2004. It
has not been enforced to date.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION AND
ARTICLE 1 OF PROTOCOL No. 1
- The applicant complained about the lengthy
non-enforcement of the judgments of 30 June 2003, 24 March and 1
April 2004, and of both judgments of 8 June 2004. He referred to
Article 6 of the Convention and Article 1 of Protocol No. 1 to the
Convention. These Articles, in so far as relevant, 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
- The Court observes, and it is not contested by the
parties, that the applicant was awarded compensation for the delays
in enforcement of the judgments of 30 June 2003, 24 March and of one
of the judgments delivered on 8 June 2004 (see paragraphs 8, 10 and
15 above). The Court does not exclude that such compensatory awards
could constitute redress for the State's previous failure to comply
with the judgments within a reasonable time, provided that those
awards have been paid in full without any delay. However, the
Government did not adduce any evidence showing that those awards had
been paid to the applicant in full and in good time. Accordingly, the
Court considers that the applicant may still claim to be a “victim”
in respect of his complaint about the delays in enforcement of the
judgments of 30 June 2003, 24 March and 8 June 2004.
- The Court concludes that the application is not
manifestly ill founded within the meaning of Article 35 § 3
of the Convention. It further notes that it is not inadmissible on
any other grounds. It must therefore be declared admissible.
B. Merits
- The Government submitted that the judgments of 30 June
2003, 24 March 2004 and the judgment of 8 June 2004, by which
the applicant had been awarded RUB 9,494.52, had been enforced in
full. They further submitted that the judgments of 1 April and 8 June
2004 had not been enforced. They acknowledged that the lengthy
non-enforcement of the judgments in the applicant's favour violated
his rights guaranteed by Article 6 of the Convention and Article
1 of Protocol No. 1 to the Convention.
- The applicant did not dispute that the judgments of 30
June 2003, 24 March 2004 and the judgment of 8 June 2004, by
which he had been awarded RUB 9,494.52, had been enforced in full.
However, he considered that the authorities had failed to take due
measures to enforce them in good time. He further submitted that the
judgments of 1 April and 8 June 2004 had not been enforced.
- The Court observes that in 2003 and 2004 the applicant
obtained five judgments by which the Welfare Office of Novovoronezh,
a state body, was to pay him arrears in respect of social benefits.
Three of those judgments were enforced in full with substantial
delays varying from nearly sixteen
months to eighteen months; two
judgments had not been enforced to date.
- The Court has frequently found violations of Article 6
§ 1 of the Convention and Article 1 of Protocol No. 1 in cases
raising issues similar to the ones in the present case (see Burdov
v. Russia, no. 59498/00, ECHR 2002-III, and Baygayev v.
Russia, no. 36398/04, 5 July 2007).
- Having examined the materials submitted to it, the
Court notes that the Government have not put forward any fact or
argument capable of justifying the lengthy non-enforcement of the
judgments in the applicant's favour. It finds that by failing, for
long periods of time, to comply with the enforceable judgments in the
applicant's favour the domestic authorities impaired the essence of
his right to a court and prevented him from receiving the money he
had legitimately expected to receive.
- There has accordingly been a violation of Article 6 of
the Convention and Article 1 of Protocol No. 1.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
- 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.”
A. Damage
- The applicant claimed 8,015 euros (EUR) in respect of
pecuniary damage, representing the outstanding debt due to him under
the judgments which had not been enforced together with the
compensatory awards. He claimed EUR 6,000 in respect of non-pecuniary
damage
- The Government submitted that the applicant was still
entitled to recover the court awards in the domestic proceedings.
They considered that having regard to the nature of the awards in the
present case, the amount of compensation for non-pecuniary damage
should be determined in accordance with the Court's practice in
similar cases.
- The Court reiterates that the most appropriate form of
redress in respect of a violation of Article 6 is to ensure that the
applicant as far as possible is put in the position he would have
been had the requirements of Article 6 not been disregarded (see
Piersack v. Belgium (Article 50), judgment of 26 October 1984,
Series A no. 85, § 12, and, mutatis mutandis, Gençel
v. Turkey, no. 53431/99, § 27, 23 October 2003). The Court
finds that in the present case this principle applies as well, having
regard to the violations found (see Poznakhirina v. Russia,
no. 25964/02, § 33, 24 February 2005). It therefore
considers that the Government shall secure, by appropriate means, the
enforcement of the judgments of 1 April and 8 June 2004. As
regards the judgments which have been enforced with substantial
delays, the Court considers that the enforcement of the compensatory
awards would constitute the appropriate redress for the violations
found. It therefore considers that the Government shall secure, by
appropriate means, the enforcement of the judgments of 31 May and
26 September 2005 and of 27 February 2006.
- Finally, the Court considers that the applicant must
have suffered certain distress and frustration resulting from the
authorities' failure to enforce the final judgments in his favour in
good time. However, the amount claimed appears to be excessive.
Taking into account the length of the enforcement proceedings, the
number of the awards and their nature and making its assessment on an
equitable basis, the Court awards the applicant EUR 3,100
in respect of non-pecuniary damage, plus any tax that may be
chargeable on that amount.
B. Costs and expenses
- The applicant did not make any claim for costs and
expenses incurred before the domestic courts and before the Court.
Accordingly, the Court makes no award under this head.
C. Default interest
- The Court considers it appropriate that the default
interest 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
- Declares the application admissible;
- Holds that there has been a violation of Article
6 of the Convention and Article 1 of Protocol No. 1;
- Holds
(a) that the respondent State, within three months from
the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, shall secure, by appropriate
means, the enforcement of the awards made by the domestic court on 1
April and 8 June 2004, 31 May and 26 September 2005, 27 February
2006 and in addition pay the applicant EUR
3,100 (three thousand one hundred euros) in respect of
non-pecuniary damage, to be converted into Russian roubles at the
rate applicable at the date of settlement, plus any tax that may be
chargeable;
(b) that from the expiry of the above-mentioned three
months until settlement simple interest shall be payable on the above
amount at a rate equal to the marginal lending rate of the European
Central Bank during the default period plus three percentage points;
- Dismisses the remainder of the applicant's claim
for just satisfaction.
Done in English, and notified in writing on 6 March 2008, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Christos
Rozakis
Registrar President
