THIRD SECTION
\nCASE OF KOVALEV AND OTHERS v. RUSSIA
\n(Applications nos. 53594\/12 and 3 others \u2013 see appended list)
\nJUDGMENT
\nSTRASBOURG
\n20 May 2021<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Kovalev and Others v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of:<\/p>\n Darian Pavli, President, Having deliberated in private on 22 April 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table.<\/p>\n 2. The Russian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of the applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants complained that they had been denied an opportunity to appear in person before the court in the civil proceedings to which they were parties. Mr Kovalev (application no.\u00a053594\/12) also raised a complaint under Article\u00a08 the Convention.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE\u00a06 \u00a7 1 OF THE CONVENTION<\/p>\n 6. The applicants complained that their right to a fair hearing had been breached on account of the domestic courts\u2019 failure to ensure their effective participation in the civil proceedings. They relied on Article\u00a06 \u00a7 1 of the Convention, which reads as follows:<\/p>\n Article\u00a06\u00a0\u00a7\u00a01<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a … hearing within a reasonable time by [a] … tribunal …\u201d<\/p>\n 7. The Court notes that the applicants, detainees at the time of the events, were not afforded an opportunity to attend hearings in civil proceedings to which they were parties. The details of those domestic proceedings are indicated in the appended table. The Court reiterates that the general principles regarding the right to present one\u2019s case effectively before the court and to enjoy equality of arms with the opposing side, as guaranteed by Article\u00a06 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Steel and Morris v.\u00a0the United Kingdom, no.\u00a068416\/01, \u00a7\u00a7\u00a059-60, ECHR 2005-II). The Court\u2019s analysis of an alleged violation of the said Convention provision in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: (1)\u00a0examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants\u2019 personal presence and (2)\u00a0determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v.\u00a0Russia, nos.\u00a027236\/05 and 10 others, \u00a7\u00a048, 16\u00a0February 2016).<\/p>\n 8. In Yevdokimov and Others, cited above, the Court has found a violation of Article\u00a06\u00a0\u00a7\u00a01 of the Convention in view of the domestic courts\u2019 failure to consider whether the applicants\u2019 attendance was essential in order to ensure the overall fairness of the civil proceedings they were parties to.<\/p>\n 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 on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case (i) by failing to properly assess the nature of the civil claims brought by the applicants with a view to deciding whether their presence was indispensable and by focussing instead on deficiencies in the domestic law which does not provide for civil parties\u2019 mandatory presence in court, and (ii) by failing to consider appropriate procedural arrangements enabling the applicants to be heard, the domestic courts deprived the applicants of the opportunity to present their cases effectively and failed to meet their obligation to ensure respect for the \u201cfair trial\u201d guarantee enshrined in Article 6 of the Convention.<\/p>\n 10. These complaints are therefore admissible and disclose a breach of Article\u00a06 \u00a7 1 of the Convention.<\/p>\n III. REMAINING COMPLAINTS<\/p>\n 11. In application no.\u00a053594\/12 the applicant also complained under Article\u00a08 of the Convention about the restrictions imposed on his right to family visits during his detention in remand prison no.\u00a0IZ-42\/1 in Kemerovo.<\/p>\n 12. The Court has examined the complaint and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, it does not meet the admissibility criteria set out in Articles\u00a034 and\u00a035 of the Convention.<\/p>\n It follows that this part of the application must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n IV. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 13. Article 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. Regard being had to the documents in its possession and to its case\u2011law (see, among other authorities, Igranov and Others v. Russia, nos. 42933\/13 and 8 others, \u00a7 40, 20 March 2018), the Court considers it reasonable to award the sums indicated in the appended table.<\/p>\n 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the complaints concerning the applicants\u2019 absence from civil proceedings admissible, and the remainder of application no.\u00a053594\/12 inadmissible;<\/p>\n 3. Holds that these complaints disclose a breach of Article\u00a06 \u00a7 1 of the Convention concerning the applicants\u2019 absence from civil proceedings;<\/p>\n 4. Holds<\/p>\n (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;<\/p>\n (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 during the default period plus three percentage points.<\/p>\n Done in English, and notified in writing on 20 May 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Darian Pavli __________<\/p>\n APPENDIX
\nDmitry Dedov,
\nPeeter Roosma, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nList of applications raising complaints under Article 6 \u00a7 1 of the Convention
\n(applicant\u2019s absence from civil proceedings)<\/p>\n