Chelombitko v. Ukraine

FIFTH SECTION

Application no. 7088/23 Sergiy Pavlovych CHELOMBITKO against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 17 October 2024 as a Committee composed of:

Kateřina Šimáčková , President , Mykola Gnatovskyy, Artūrs Kučs , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 20 January 2023,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s 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 LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaints raised by the applicant under Articles 6 and 13 of the Convention about the excessive length of the criminal proceedings and lack of an effective domestic remedy in that regard are inadmissible.

In particular, the Court notes that the length of the proceedings, which lasted for about four years and nine months before three levels of jurisdiction (see the appended table), cannot be considered excessive.

In view of the above, the Court finds that this complaint under Article 6 § 1 of the Convention is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

The applicant also raised a complaint under Article 13 of the Convention. However, having regard to the conclusions which it has reached above, the Court finds that this complaint must also be rejected as being manifestly ill ‑ founded pursuant to Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 14 November 2024.

Viktoriya Maradudina Kateřina Šimáčková Acting Deputy Registrar President

APPENDIX

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

(excessive length of criminal proceedings and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant’s name

Year of birth

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

7088/23

20/01/2023

Sergiy Pavlovych CHELOMBITKO

1966

19/06/2019

14/03/2024

4 year(s) and 8 month(s) and 25 day(s)

3 level(s) of jurisdiction