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FIFTH SECTION

 

 

 

 

CASE OF SANCHYSHYN v. UKRAINE

(Application no. 81639/17 )

 

 

 

 

 

 

 

 

JUDGMENT

 

 

STRASBOURG

 

7 March 2019

 

 

 

 

 

 

This judgment is final but it may be subject to editorial revision.

 

In the case of Sanchyshyn v. Ukraine,

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

Síofra O'Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 14 February 2019,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on 24 November 2017.

2. The applicant was represented by Mr O.V. Mytsyk, a lawyer practising in Lviv.

3. Notice of the application was given to the Ukrainian Government ("the Government").

THE FACTS

4. The applicant's details and information relevant to the application are set out in the appended table.

5. The applicant complained of the excessive length of criminal proceedings and of the lack of any effective remedy in domestic law. The applicant also raised other complaints under the provisions of the Convention.

THE LAW

I. ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION

6. The applicant complained principally that the length of the criminal proceedings in question had been incompatible with the "reasonable time" requirement and that he had no effective remedy in this connection. He 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 applicant and the relevant authorities and what was at stake for the applicant 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 applicant did not have at his 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.

II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. The applicant submitted another complaint under Article 2 of Protocol No. 4 to the Convention which also raised issues, given 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) and Nikiforenko v. Ukraine (no. 14613/03, § 59, 18 February 2010).

III. 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 Court considers that the applicant must have sustained non pecuniary damage. Ruling on an equitable basis, it awards him EUR 2,700 as just satisfaction.

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. Declares the application admissible;

 

2. Holds that this application discloses a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings;

 

3. Holds that there has been a violation of Article 2 of Protocol No. 4 to the Convention (see appended table);

 

4. Holds

(a) that the respondent State is to pay the applicant, within three months, the amount 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 amount 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 7 March 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Síofra O'Leary

              Acting Deputy Registrar President

 

APPENDIX

Application 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)