The European Court of Human Rights (ECHR) delivered a judgment in the case of Madzigon and Others v. Ukraine, concerning three applications related to excessive length of criminal proceedings and lack of effective remedies in Ukraine.The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention in all three cases. The proceedings lasted between 7.5 and 11 years, which the Court deemed excessive and incompatible with the ‘reasonable time’ requirement.The Court assessed the cases based on established criteria: complexity of the case, conduct of applicants and authorities, and what was at stake for the applicants. Following its previous case-law, particularly Nechay v. Ukraine, the Court found no justification for such lengthy proceedings.The key provisions of the judgment include:
- The Court’s confirmation that Ukraine lacks effective domestic remedies for complaints about lengthy criminal proceedings
- The establishment of monetary compensation ranging from 1,200 to 3,000 euros per applicant for non-pecuniary damage
- The requirement for Ukraine to pay the awarded amounts within three months, with interest applicable in case of delayed payment
The most significant aspects for practical application are:
- The Court’s continued recognition of systemic problems with lengthy criminal proceedings in Ukraine
- The establishment of specific compensation amounts for different durations of proceedings
- The confirmation that proceedings lasting over 7 years at three levels of jurisdiction are automatically considered excessive
