Gnatenko and Usov v. Ukraine

FIFTH SECTION

Application nos. 63266/19 and 3142/20

Sergiy Anatoliyovych GNATENKO against Ukraine

and Mykola Ivanovych USOV against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 21 January 2021 as a Committee composed of:

Ivana Jelić, President, Ganna Yudkivska, Arnfinn Bårdsen, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 11 February 2021.

{signature_p_2}

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of criminal proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

63266/19

04/12/2019

Sergiy Anatoliyovych GNATENKO

1975

Oksana Ivanivna Shostenko

Kyiv

13/10/2020

04/11/2020

1,500

3142/20

16/12/2019

Mykola Ivanovych USOV

1957

Yuriy Yuryevich Bondarenko

Lysychansk

13/10/2020

06/11/2020

1,500

[1] Plus any tax that may be chargeable to the applicants.