{"id":21350,"date":"2023-10-19T08:26:13","date_gmt":"2023-10-19T08:26:13","guid":{"rendered":"https:\/\/laweuro.com\/?p=21350"},"modified":"2023-10-19T08:26:25","modified_gmt":"2023-10-19T08:26:25","slug":"case-of-syrotenko-and-others-v-ukraine","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=21350","title":{"rendered":"CASE OF SYROTENKO AND OTHERS v. UKRAINE – 12345\/16 and 11 others"},"content":{"rendered":"

The applicants complained of the excessive length of criminal proceedings and of the lack of any effective remedy in domestic law in that regard.<\/span><\/p>\n

\n

FIFTH SECTION
\nCASE OF SYROTENKO AND OTHERS v. UKRAINE<\/strong>
\n(Application no. 12345\/16 and 11 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n19 October 2023<\/p>\n

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

In the case of Syrotenko and Others v. Ukraine,<\/strong><\/p>\n

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
\nCarlo Ranzoni, President,
\nLado Chanturia,
\nMar\u00eda El\u00f3segui, judges,<\/p>\n

and Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 28 September 2023,<\/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 Ukraine 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 Ukrainian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n

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

3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n

4. The applicants complained of the excessive length of criminal proceedings and of the lack of any effective remedy in domestic law in that regard. Some applicants also raised other complaints under the provisions of the Convention.<\/p>\n

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

I. JOINDER OF THE APPLICATIONS<\/strong><\/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 6 \u00a7 1 AND ARTICLE\u00a013 OF THE CONVENTION<\/strong><\/p>\n

6. The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the \u201creasonable time\u201d requirement and that they had no effective remedy in this connection. They relied on Article\u00a06 \u00a7 1 and Article\u00a013 of the Convention.<\/p>\n

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, 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. In the leading case of Nechay v. Ukraine (no. 15360\/10, 1 July 2021) the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n

9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. 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. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.<\/p>\n

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

III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n

12. In application no.\u00a051843\/21 the applicants submitted other complaints which also raised issues under the Convention, given the relevant well\u2011established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article\u00a035\u00a0\u00a7\u00a03\u00a0(a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in the cases set out in the appended table.<\/p>\n

IV. REMAINING COMPLAINTS<\/strong><\/p>\n

13. In application no.\u00a012345\/16 the applicant also raised other complaints under various Articles of the Convention.<\/p>\n

14. The Court has examined these complaints 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, they either do not meet the admissibility criteria set out in Articles\u00a034 and\u00a035 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.<\/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

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n

15. 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

16. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Bevz v. Ukraine, no. 7307\/05, \u00a7 52, 18 June 2009), the Court finds it reasonable to award the sums indicated in the appended table.<\/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 excessive length of criminal proceedings, the lack of any effective remedy in domestic law in that regard, and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible and the remainder of application no. 12345\/16 inadmissible;<\/p>\n

3. Holds that there has been a breach of Article\u00a06 \u00a7 1 and Article\u00a013 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law to complain about it;<\/p>\n

4. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);<\/p>\n

5. 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 period plus three percentage points.<\/p>\n

Done in English, and notified in writing on 19 October 2023, 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 Carlo Ranzoni
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n

_________<\/p>\n

APPENDIX<\/strong>
\nList of applications 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\n\n\n\n\n\n\n\n\n\n\n
No.<\/strong><\/td>\nApplication no.<\/strong><\/p>\n

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

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

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

Representative\u2019s name and location<\/strong><\/td>\nStart 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 for costs and expenses<\/strong><\/p>\n

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

1.<\/td>\n12345\/16<\/p>\n

15\/12\/2015<\/td>\n

Andriy Yevgenovych SYROTENKO<\/strong><\/p>\n

1964<\/td>\n

Syrotenko Sergiy Yevgenovych<\/p>\n

Kharkiv<\/td>\n

03\/08\/2012<\/td>\n17\/06\/2020<\/td>\n7 years and 10 months and 15 days<\/p>\n

3 levels of jurisdiction<\/td>\n

<\/td>\n1,600<\/td>\n<\/tr>\n
2.<\/td>\n43942\/21<\/p>\n

26\/08\/2021<\/td>\n

Igor Yosypovych PETRYK<\/strong><\/p>\n

1966<\/td>\n

Kulbach Sergiy Oleksandrovych<\/p>\n

Limoges<\/td>\n

02\/12\/2016<\/td>\n02\/11\/2022<\/p>\n

 <\/td>\n

5 years and 11 months and 1 day<\/p>\n

1 level of jurisdiction<\/td>\n

<\/td>\n1,800<\/td>\n<\/tr>\n
3.<\/td>\n46998\/21<\/p>\n

30\/08\/2021<\/td>\n

Sergiy Volodymyrovych KOVBASYUK<\/strong><\/p>\n

1982<\/td>\n

Vasylyuk Igor Mykolayovych<\/p>\n

Lutsk<\/td>\n

21\/02\/2017<\/td>\npending<\/p>\n

 <\/td>\n

More than 6\u00a0years and 6 months and 8 days 3\u00a0levels of jurisdiction<\/td>\n<\/td>\n900<\/td>\n<\/tr>\n
4.<\/td>\n47973\/21<\/p>\n

20\/09\/2021<\/td>\n

Liliya Vasylivna PERSHYNA<\/strong><\/p>\n

1976<\/td>\n

Makhmutov Oleg Arturovych<\/p>\n

Mykolayiv<\/td>\n

19\/06\/2018<\/td>\npending<\/td>\nMore than 5\u00a0years and 2 months and 10 days 1 level of jurisdiction<\/td>\n<\/td>\n1,500<\/td>\n<\/tr>\n
5.<\/td>\n51843\/21<\/p>\n

11\/10\/2021<\/p>\n

(3\u00a0applicants)<\/td>\n

Saydkhamzat Khusayinovych DAKHAYEV<\/strong><\/p>\n

1986\u00a0<\/strong><\/p>\n

Oleksiy Dmytrovych KOVALCHUK<\/strong><\/p>\n

1981<\/p>\n

Roman Stepanovych ZAKHARCHUK<\/strong><\/p>\n

1983<\/td>\n

Mytsyk Oleg Volodymyrovych<\/p>\n

Lviv<\/td>\n

05\/03\/2018<\/td>\npending<\/td>\nMore than 5\u00a0years and 5 months and 24 days 1 level of jurisdiction<\/p>\n

 <\/td>\n

Art. 5 (3) – excessive length of pre-trial detention – 06\/03\/2018 – pending (see Kharchenko v.\u00a0Ukraine<\/em>, no.\u00a040107\/02, \u00a7\u00a7 77-81, 10\u00a0February 2011, Ignatov v. Ukraine<\/em>, 40583\/15, \u00a7\u00a7\u00a038-42, 15\u00a0February 2016)<\/td>\n3,900,<\/p>\n

in compensation for non-pecuniary damage to each of the applicants,<\/p>\n

and<\/p>\n

250,<\/p>\n

in compensation of costs and expenses, jointly to the three applicants<\/td>\n<\/tr>\n

6.<\/td>\n52142\/21<\/p>\n

01\/10\/2021<\/td>\n

Ivan Volodymyrovych KONONENKO<\/strong><\/p>\n

1964<\/td>\n

Kulbach Sergiy Oleksandrovych<\/p>\n

Limoges<\/td>\n

03\/09\/2011<\/p>\n

 <\/td>\n

pending<\/p>\n

 <\/td>\n

More than 11 years and 11\u00a0months and 26\u00a0days<\/p>\n

3 levels of jurisdiction<\/td>\n

<\/td>\n3,600<\/td>\n<\/tr>\n
7.<\/td>\n53188\/21<\/p>\n

20\/10\/2021<\/td>\n

Aleksandr Leonidovich KRAVCHUK<\/strong><\/p>\n

1974<\/td>\n

Atamanchuk Valentyn Ivanovych<\/p>\n

Odesa<\/td>\n

08\/02\/2011<\/p>\n

 <\/td>\n

03\/08\/2023<\/p>\n

 <\/td>\n

12 years and 5\u00a0months and 27 days<\/p>\n

3 levels of jurisdiction<\/td>\n

<\/td>\n3,600<\/td>\n<\/tr>\n
8.<\/td>\n54277\/21<\/p>\n

25\/10\/2021<\/td>\n

Denys Yevgeniyovych KORNYEV<\/strong><\/p>\n

1984<\/td>\n

 <\/p>\n

 <\/td>\n

16\/05\/2003<\/p>\n

04\/07\/2011<\/p>\n

 <\/td>\n

25\/04\/2006<\/p>\n

27\/04\/2021<\/p>\n

 <\/td>\n

12 years and 9\u00a0months and 4 days<\/p>\n

3 levels of jurisdiction<\/td>\n

<\/td>\n4,200<\/td>\n<\/tr>\n
9.<\/td>\n55648\/21<\/p>\n

29\/10\/2021<\/td>\n

Andriy Volodymyrovych KOVAL<\/strong><\/p>\n

1977<\/td>\n

Kovalyov Dmytro Valeriyovych<\/p>\n

Pryazovske<\/td>\n

24\/04\/2012<\/p>\n

 <\/td>\n

18\/02\/2022<\/p>\n

 <\/td>\n

9 years and 9 months and 26 days<\/p>\n

2 levels of jurisdiction<\/td>\n

<\/td>\n3,000<\/td>\n<\/tr>\n
10.<\/td>\n60538\/21<\/p>\n

01\/10\/2021<\/td>\n

Volodymyr Mykolayovych TULYAKOV<\/strong><\/p>\n

1960<\/td>\n

Kulbach Sergiy Oleksandrovych<\/p>\n

Limoges<\/td>\n

03\/09\/2011<\/td>\npending<\/td>\nMore than 11 years and 11\u00a0months and 26\u00a0days<\/p>\n

3 levels of jurisdiction<\/td>\n

<\/td>\n3,600<\/td>\n<\/tr>\n
11.<\/td>\n1142\/22<\/p>\n

23\/12\/2021<\/td>\n

Yuliya Yaroslavivna KOVAL<\/strong><\/p>\n

1986<\/td>\n

Mytsyk Oleg Volodymyrovych<\/p>\n

Lviv<\/td>\n

23\/05\/2014<\/td>\n22\/11\/2022<\/td>\n8 years and 6 months<\/p>\n

3 levels of jurisdiction<\/td>\n

<\/td>\n1,800<\/td>\n<\/tr>\n
12.<\/td>\n9442\/22<\/p>\n

09\/02\/2022<\/td>\n

Oleksandr Mykolayovych KHARYTONENKO<\/strong><\/p>\n

1977<\/td>\n

 <\/p>\n

 <\/td>\n

26\/12\/2012<\/td>\n10\/08\/2021<\/td>\n8 years and 7 months and 16 days<\/p>\n

2 levels of jurisdiction<\/td>\n

<\/td>\n2,400<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[1]<\/a> Plus any tax that may be chargeable to the applicants.<\/p>\n