Essence of the decision:
The European Court of Human Rights (ECHR) examined seven joined applications 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 remedies. The Court ordered Ukraine to pay compensations ranging from 800 to 6,000 euros to the applicants.
Structure and main provisions:
1. The Court joined seven separate applications due to similar subject matter.
2. The Court assessed the reasonableness of proceedings’ length based on established criteria:
– Complexity of the case
– Conduct of applicants and authorities
– What was at stake for applicants
3. The Court referenced its previous decision in Nechay v. Ukraine case as a leading precedent.
4. The decision established violations in all cases, with proceedings lasting from approximately 7 years to more than 15 years.
Key important provisions:
1. The Court confirmed that Ukraine systematically violates reasonable time requirements in criminal proceedings, with some cases lasting over 15 years.
2. The compensation amounts were determined based on the length of proceedings and number of jurisdiction levels involved.
3. Three cases were still pending at the time of the judgment, indicating ongoing violations.
4. The Court established a direct correlation between the duration of proceedings and compensation amounts, with longer delays resulting in higher compensation.
5. The decision requires Ukraine to pay compensations within three months, with interest applicable in case of delayed payment.
