{"id":1457,"date":"2019-04-23T12:10:33","date_gmt":"2019-04-23T12:10:33","guid":{"rendered":"https:\/\/laweuro.com\/?p=1457"},"modified":"2019-04-24T15:05:17","modified_gmt":"2019-04-24T15:05:17","slug":"case-of-sanchyshyn-v-ukraine","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=1457","title":{"rendered":"CASE OF SANCHYSHYN v. UKRAINE (European Court of Human Rights)"},"content":{"rendered":"

FIFTH SECTION
\nCASE OF SANCHYSHYN v. UKRAINE
\n(Application no. 81639\/17)<\/em><\/p>\n

JUDGMENT
\nSTRASBOURG
\n7 March 2019<\/p>\n

This judgment is final but it may be subject to editorial revision.<\/p>\n

In the case of Sanchyshyn v. Ukraine,<\/strong><\/p>\n

The European Court of Human Rights (Fifth Section), sitting as a\u00a0Committee composed of:<\/p>\n

S\u00edofra O\u2019Leary, President,
\nM\u0101rti\u0146\u0161 Mits,
\nLado Chanturia, judges,
\nand Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 14 February 2019,<\/p>\n

Delivers the following judgment, which was adopted on that date:<\/p>\n

PROCEDURE<\/strong><\/p>\n

1.\u00a0\u00a0The case originated in an application against Ukraine lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 24 November 2017.<\/p>\n

2.\u00a0\u00a0The applicant was represented by Mr O.V. Mytsyk, a lawyer practising in Lviv.<\/p>\n

3.\u00a0\u00a0Notice of the application was given to the Ukrainian Government (\u201cthe Government\u201d).<\/p>\n

THE FACTS<\/strong><\/p>\n

4.\u00a0\u00a0The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n

5.\u00a0\u00a0The 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.<\/p>\n

THE LAW<\/strong><\/p>\n

I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 6 \u00a7 1 AND ARTICLE\u00a013 OF THE CONVENTION<\/p>\n

6.\u00a0\u00a0The applicant complained principally that the length of the criminal proceedings in question had been incompatible with the \u201creasonable time\u201d requirement and that he had no effective remedy in this connection. He relied on Article\u00a06 \u00a7 1 and Article\u00a013 of the Convention, which read as follows:<\/p>\n

Article\u00a06\u00a0\u00a7\u00a01<\/strong><\/p>\n

\u201cIn the determination of … any criminal charge against him, everyone is entitled to a … hearing within a reasonable time by [a] … tribunal…\u201d<\/p>\n

Article 13<\/strong><\/p>\n

\u201cEveryone 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.\u201d<\/p>\n

7.\u00a0\u00a0The 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, P\u00e9lissier and Sassi v.\u00a0France [GC], no.\u00a025444\/94, \u00a7\u00a067, ECHR\u00a01999\u2011II, and Frydlender v.\u00a0France [GC], no.\u00a030979\/96, \u00a7\u00a043, ECHR\u00a02000\u2011VII).<\/p>\n

8.\u00a0\u00a0In 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.<\/p>\n

9.\u00a0\u00a0Having 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 \u201creasonable time\u201d requirement.<\/p>\n

10.\u00a0\u00a0The Court further notes that the applicant did not have at his disposal an effective remedy in respect of these complaints.<\/p>\n

11.\u00a0\u00a0These complaints are therefore admissible and disclose a breach of Article 6 \u00a7 1 and of Article 13 of the Convention.<\/p>\n

II.\u00a0\u00a0OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/p>\n

12.\u00a0\u00a0The 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\u00a035\u00a0\u00a7\u00a03\u00a0(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.\u00a015007\/02, 7 December 2006) and Nikiforenko v. Ukraine (no.\u00a014613\/03, \u00a7 59, 18 February 2010).<\/p>\n

III.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n

13.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n

\u201cIf 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.\u201d<\/p>\n

14.\u00a0\u00a0The 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.<\/p>\n

15.\u00a0\u00a0The 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.<\/p>\n

FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n

1.\u00a0\u00a0Declares the application admissible;<\/p>\n

2.\u00a0\u00a0Holds that this application discloses a breach of Article\u00a06 \u00a7 1 and Article\u00a013 of the Convention concerning the excessive length of criminal proceedings;<\/p>\n

3.\u00a0\u00a0Holds that there has been a violation of Article 2 of Protocol No. 4 to the Convention (see appended table);<\/p>\n

4.\u00a0\u00a0Holds<\/p>\n

(a)\u00a0\u00a0that 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;<\/p>\n

(b)\u00a0\u00a0that 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.<\/p>\n

Done in English, and notified in writing on 7 March 2019, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n

Liv Tigerstedt\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 S\u00edofra O\u2019Leary<\/p>\n

Acting Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n

 <\/p>\n

APPENDIX
\nApplication raising complaints under Article 6 \u00a7 1 and Article 13 of the Convention
\n(excessive length of criminal proceedings and lack of any effective remedy in domestic law)<\/p>\n\n\n\n\n\n
Application no.<\/strong><\/p>\n

Date of introduction<\/strong><\/td>\n

Applicant\u2019s name<\/strong><\/p>\n

Date of birth <\/strong><\/td>\n

Start of proceedings<\/strong><\/td>\nEnd of proceedings<\/strong><\/td>\nTotal length<\/strong><\/p>\n

Levels of jurisdiction<\/strong><\/td>\n

Other complaints under well-established case-law<\/strong><\/td>\nAmount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant<\/strong><\/p>\n

(in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n

81639\/17<\/p>\n

24\/11\/2017<\/td>\n

Bogdan Ivanovych Sanchyshyn<\/strong><\/p>\n

31\/10\/1970<\/td>\n

31\/08\/2009<\/p>\n

 <\/td>\n

25\/05\/2017<\/p>\n

 <\/td>\n

7 years, 8 months and 26 days<\/p>\n

2 levels of jurisdiction<\/p>\n

 <\/td>\n

Prot. 4 Art. 2 (1) – excessive length of obligation not to abscond<\/p>\n

– the applicant signed an undertaking not to abscond on 01\/09\/2009, the restriction on his freedom of movement was lifted only on 25\/05\/2017<\/td>\n

2,700<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[1]<\/a>.\u00a0\u00a0Plus any tax that may be chargeable to the applicant.<\/p>\n