ECHR recognizes violation of applicants’ rights in Semenenko and others v. Ukraine case

The European Court of Human Rights (ECHR) has issued a judgment in the case of Semenenko and Others v. Ukraine, finding that Ukraine violated the applicants’ right to a fair trial. The Court found that the criminal proceedings were unreasonably long and that there was no effective legal protection against such delays.

Case background

The applicants in this case complained about the excessively long consideration of their criminal cases, which made it impossible to obtain an effective judicial defense. They also pointed out that Ukrainian legislation does not have effective mechanisms that would allow them to appeal such a violation.

The ECtHR consolidated the five applications into one proceeding, given the commonality of the problem – the excessive duration of the trials.

Violations recognized by the ECtHR

The Court found a violation of Article 6, paragraph 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the European Convention on Human Rights. The judges concluded that the Ukrainian authorities had failed to provide the applicants with the opportunity to obtain a fair and expeditious hearing of their cases.

The judgment states that the trials lasted for years without good reason, which violates the principle of legal certainty and access to justice.

Key findings of the Court

1. Ukrainian legislation does not provide for an effective mechanism for appealing against unreasonable delays in court proceedings.

2.The length of the criminal proceedings was unreasonable, depriving the applicants of their right to an effective defense.

3.The State party to the Convention (Ukraine) is obliged to eliminate the systemic problem and create a mechanism that will allow citizens to protect their rights in similar situations.

ECHR judgment and compensation to the applicants

The Court ordered Ukraine to pay the applicants monetary compensation for non-pecuniary damage. The amounts of payments vary depending on the duration of each trial, but generally range from EUR 2,400 to EUR 6,000 per applicant.

The judgment also states that the state must pay the compensation within three months, otherwise it will be subject to a fine in the form of interest.

The ECHR’s decision in this case confirms the chronic problem of delayed trials in Ukraine. Such decisions should encourage the authorities to reform the judicial system and create mechanisms that would guarantee compliance with reasonable time limits for consideration of cases.

This case also opens up the possibility for other citizens facing similar problems to apply to the ECHR.