Essence of the decision:
The European Court of Human Rights (ECHR) ruled on the case of Onishchenko v. Ukraine concerning excessively long civil proceedings in Ukrainian courts. The Court found that Ukraine violated Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably long civil proceedings lasting over 17 years and the absence of effective domestic remedies to address this issue.
Structure and main provisions:
1. The Court examined the case based on the “reasonable time” requirement criteria:
– Complexity of the case
– Conduct of the applicant
– Conduct of relevant authorities
– What was at stake for the applicant
2. The Court referenced its previous decision in Karnaushenko v. Ukraine (2006) as a leading case dealing with similar issues of lengthy proceedings in Ukraine.
3. The Court’s findings:
– The length of proceedings (17 years, 7 months, and 26 days) was excessive
– The applicant had no effective remedy at the national level
– Ukraine was ordered to pay EUR 7,800 in non-pecuniary damages
Key important provisions:
1. The Court’s confirmation that civil proceedings lasting over 17 years violate the “reasonable time” requirement under Article 6 § 1.
2. The Court’s emphasis on the state’s obligation to provide effective remedies for excessive length of proceedings.
3. The establishment of compensation amount (EUR 7,800) as appropriate remedy for non-pecuniary damage in cases of unreasonably long proceedings.
4. The requirement for Ukraine to convert and pay the awarded amount within three months, with interest applicable in case of delayed payment.
