CEDH · PRESS;GENERAL;ENG — 3 mai 2005

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s1F5805B3 { width:315.32pt; display:inline-block } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sADADF4A7 { font-family:Arial; text-decoration:underline } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS   244 3.5.2005   Press release issued by the Registrar   Chamber judgments concerning Ukraine   The European Court of Human Rights has today notified in writing the following four Chamber judgments, none of which are final. [1]   Violation of Article 6 § 1 Violation of Article 13 Demchenko v. Ukraine (no 35282/02)                            Violation Article 1 of Protocol No. 1   Violation of Article 6 § 1 Violation of Article 13 Grishechkin and Others v. Ukraine (no. 26131/02)       Violation Article 1 of Protocol No. 1     Violation of Article 6 § 1 Vasilenkov v. Ukraine (no. 19872/02)                                        Violation of Article 13   The applicants, all Ukrainian nationals, are: Viktor Nikolayevich Demchenko, Sergey Arkadiyevich Grishechkin, Vladimir Valentinovich Kayurov, Anatoliy Vladimirovich Zavgorodyanskiy, Marina Vladimirovna Tomayly, Olga Yakovna Lopatina and Valeriy Pavlovich Vasilenkov, born in 1953, 1956, 1970, 1966, 1962, 1963 and 1949 respectively. Mr Demchenko lives in Donetsk, Mr Vasilenkov in Novogrodovka and the other five in Zhovti Vody, Ukraine.   Between 1999 and 2001, the applicants all brought successful civil proceedings claiming salary arrears and other payments. They subsequently complained that the State authorities failed to execute judgments given in their favour, relying on Article 6 § 1 (right to a fair hearing) and Article 13 (right to an effective remedy) of the European Convention on Human Rights. All but Mr Vasilenkov also alleged a violation of Article 1 of Protocol No. 1 (protection of property) to the Convention.   In all three cases the European Court of Human Rights considered that, by delaying for periods of more than two or three years the enforcement of the judgments in the applicants’ cases, the authorities deprived the provisions of Article   6 §   1 of much of their useful effect. The Court also found that the Ukrainian Government had not justified the delays. In each case the Court also concluded that the applicants did not have an effective domestic remedy. The Court therefore held, unanimously, that there had been a violation of Article 6 § 1 and Article 13 in each case.   In Demchenko v. Ukraine   and   Grishechkin and Others v. Ukraine , the Court noted that,   for considerable periods of time, it was impossible for the applicants to obtain the execution of their judgments – and therefore the money to which they were entitled - and that the Government had failed to provide any justification for the situation. The Court therefore held unanimously that there had been a violation Article 1 of Protocol No. 1 in these two cases.   The Court considered that the finding of a violation constituted sufficient just satisfaction for the damage alleged in the cases Demchenko and Vasilenkov and, in the case Grishechkin and Others awarded the total sum of 10,800 euros (EUR) for non-pecuniary damage (amounts ranging from EUR 2,040 to EUR   2,400). (The judgments are available only in English.)   Strannikov v. Ukraine (no. 49430/99)                                                     Violation Article 6 § 1 The applicant, Mykola Sergiyovych Strannikov, is a Ukrainian national who was born in 1926 and lives in Kyiv. In 1995 he issued proceedings for a declaration that he was the founder of a private company, the Kyiv Timber Factory, and for compensation from the company.   The applicant complained under Article 6 § 1 of the Convention (right to a fair hearing within a reasonable time) of the length of the proceedings and that the judgment, which was in his favour, had not been complied with.   The Court noted that the proceedings had taken approximately eight years and eight months for four levels of jurisdiction after the Convention’s entry into force in respect of Ukraine on 11 September 1997. In the circumstances of the case, that period had been excessive and did not satisfy the “reasonable-time” requirement. The Court therefore held unanimously that there had been a violation of Article 6 § 1 of the Convention. In view of that conclusion it held that no separate examination of the complaint of a failure to comply with the judgment was necessary.   Under Article 41 (just satisfaction) it awarded the applicant EUR 2,000 for non-pecuniary damage. (The judgment is available only in French.)   ***   These summaries by the Registry do not bind the Court. The full texts of the Court’s judgments are accessible on its Internet site ( http://www.echr.coe.int ).   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.