The ECHR found a violation of the requirements of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the Convention.

Заголовок: The ECHR found a violation of the requirements of Article 6 § 1 of the Convention for the Protection of Huma Сведения: 2018-08-03 09:15:32

ECHR judgment of February 8, 2018 in the case of Rybalkin and Others v. Russia (applications no. 42666/04, 21247/05, 43703/07, 52123/08, 46638/10 and 45246/12).

In the case, the applicants successfully complained about the failure to comply with the decisions of the courts of the Russian Federation or the delay in their execution. The applicants also pointed out that they did not have an effective remedy in this regard. There has been a violation of the requirements of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the Convention.

In 2004, 2005, 2007, 2008, 2010 and 2012, the applicants were assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their complaints, the applicants (six persons) complained of non-enforcement of the decisions of the courts of the Russian Federation or delay in their execution. The applicants also pointed out that they did not have an effective remedy in this regard.

On 8 February 2018, on the complaints submitted by the applicants, the Court unanimously held that in the present case the Government violated the requirement of Article 6 § 1 of the Convention (the right to a fair trial), Article 1 of Protocol No. 1 to the Convention (protection of property) and that there is no need consider a complaint under Article 13 of the Convention (the right to an effective remedy), obliging the respondent State to enforce the relevant judgments within three months and pay the applicants 19,520 euros in respect of non-pecuniary damage.

 

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