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You are here: BAILII >> Databases >> European Court of Human Rights >> KANTSARA AND OTHERS v. UKRAINE - 7762/10 (Judgment : Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Reasonable time) Violation of ...) [2017] ECHR 636 (06 July 2017)
URL: http://www.bailii.org/eu/cases/ECHR/2017/636.html
Cite as: [2017] ECHR 636

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      FIFTH SECTION

       

       

       

      CASE OF KANTSARA AND OTHERS v. UKRAINE

      (Application no. 7762/10 and 4 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 Kantsara and Others v. Ukraine,

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

                Nona Tsotsoria, President,
                Gabriele Kucsko-Stadlmayer,
                Lәtif Hüseynov, 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 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 criminal proceedings and of the lack of any effective remedy in domestic law. In application no. 54467/16, the applicant also raised a complaint under Article 2 of Protocol No. 4 to the Convention.

      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 principally that the length of the criminal 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 ... any criminal charge against him, 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, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

      8.  In the leading case of Merit v. Ukraine (no. 66561/01, 30 March 2004), 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 as to 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.  REMAINING COMPLAINTS

      12.  In application no. 54467/16, the applicant submitted another complaint which also raised an issue under the Convention, in accordance with the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Ivanov v. Ukraine (no. 15007/02, 7 December 2006).

      IV.  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.  Regard being had to the documents in its possession and to its case-law (see, in particular, Bevz v. Ukraine, no. 7307/05, § 52, 18 June 2009), the Court finds it reasonable to award the sums indicated in the appended table.

      15.  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 criminal proceedings;

       

      4.  Holds that there has been a violation in application no. 54467/16 as regards the other complaint raised under well-established case-law of the Court (see appended table);

       

      5.  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                                                                Nona Tsotsoria
      Acting Deputy Registrar                                                            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

      Start of proceedings

      End of proceedings

      Total length

      Levels of jurisdiction

      Other complaints under well-established case-law

      Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

      per applicant

      (in euros)[1]

      1.      

      7762/10

      27/01/2010

      Valeriy Dmitriyevich Kantsara

      17/03/1959

       

       

      31/07/2006

      15/05/2012

      5 years, 9 months and 16 days

      1 level of jurisdiction

       

      1,800

      2.      

      60735/15

      27/11/2015

      Oleksiy Vitaliyovych Kostenko

      16/07/1975

       

       

      21/10/2009

      03/03/2016

      6 years, 4 months and 12 days

      2 levels of jurisdiction

       

      1,500

      3.      

      30867/16

      18/05/2016

      Fedir Vyacheslavovych Kantur

      07/03/1984

       

       

      28/08/2007

       

      25/12/2015

       

      8 years, 3 months and 28 days

      1 level of jurisdiction

       

      3,000

      4.      

      32689/16

      23/05/2016

      Olga Oleksandrivna Yatsenko

      12/11/1958

      Taras Mykhaylovych Dementyev

      Kyiv

      22/12/2010

       

      pending

       

      More than 6 years and 5 months

      1 level of jurisdiction

       

      1,800

      5.      

      54467/16

      06/09/2016

      Iryna Teodorivna Kharchuk

      15/01/1970

      Oleg Volodymyrovych Mytsyk

      Lviv

      29/01/2008

      pending

       

      More than 9 years and 4 months

      3 levels of jurisdiction

      Prot. 4 Art. 2 (1) - excessive length of obligation not to abscond

      2,300

       

       



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


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URL: http://www.bailii.org/eu/cases/ECHR/2017/636.html