Essence of the decision:
The European Court of Human Rights (ECHR) examined three joined cases against Ukraine concerning excessive length of criminal proceedings. The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably long criminal proceedings and lack of effective domestic remedies. The Court awarded monetary compensation to the applicants ranging from 500 to 3,600 euros.
Structure and main provisions:
1. The Court joined three separate applications due to similar subject matter
2. The Court assessed the reasonableness of proceedings length based on:
– Case complexity
– Applicants’ conduct
– Authorities’ conduct
– What was at stake for applicants
3. The Court referenced its previous decision in Nechay v. Ukraine (2021) as a leading case on similar issues
4. The proceedings duration ranged from 5.4 to 11.9 years, which was found excessive
5. The Court established that Ukraine failed to provide effective remedies for such complaints
Key important provisions:
1. The Court confirmed that criminal proceedings lasting more than 5 years without proper justification violate the “reasonable time” requirement
2. The compensation amount was determined based on the length of proceedings and number of jurisdiction levels involved
3. The Court established a direct correlation between the duration of proceedings and compensation amount (longer proceedings resulted in higher compensation)
4. The decision reinforces the obligation of states to provide effective domestic remedies for complaints about lengthy proceedings
5. The monetary awards must be paid within three months and converted to local currency at the rate applicable at settlement date
