65% of applications to the ECHR from Ukraine relate to the non-fulfillment of court decisions

Over the past year, the European Court of Human Rights has received 18,150 applications from Ukrainians. 65% of them refers to non-fulfillment of national courts decisions, while the European Court considers only the twentieth part of all requests.

Such statistics have been announced by the Chairman of the Supreme Court of Ukraine Yaroslav Romanyuk during the regular briefing, reports « Law and Business ».

He noted that in contrast to two previous years, the applications number received from the citizens of the member countries of the Council of Europe increased by 32% during 2016. Hungary, Romania and Turkey became the leaders of complaints.

“Among 80 thousand applications submitted to the ECHR, the total number of applications from Ukraine is 18 thousand 150 applications (22.8%)”, said the SCU Chairman.

The number of complaints from Ukrainians regarding long non-fulfillment or general non-fulfillment of the decisions of domestic courts of Ukraine and the European Court of Human Rights has reached 65%.

In 2016 complaints from persons who have suffered losses, primarily property, in the East of Ukraine amounted to 22%. As of the end of 2016, the total number of such applications reached 3900.

At average, thousands of applications are received from Ukraine per month. However, approximately 95% of the received applications are deemed unacceptable by the ECHR, i.e., those in which a violation of the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms by Ukraine has been acknowledged.

Moreover, Mr.Romanyuk emphasized that the new category in the cases brought to the European Court of Human Rights from Ukraine became the lustration proceedings.

The Chairman of the SCU has drawn attention to the fact that analyzing ECHR statistical indicators, it is necessary to take into account that countries differ from each other, including in terms of population. Objective indicator is that the ECHR calculates the number of applications received per 10 thousand population on average. For this indicator, Ukraine is on the 8th place, that is, 1.91% applications per 10 thousand population.

“73 decisions were issued in respect of Ukraine out of 993 decisions handed down by the European Court of Human Rights for 2016, said the Chairman of the Supreme Court of Ukraine. In addition, in 70 of which the ECHR found a violation of Ukraine’s commitments, envisaged in Articles 2, 3, 5, 6, 8, 13, 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Most violations (27) stated under Art.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms “The right to liberty and security of person”.

Yaroslav Romanyuk pointed out that in 2016 Ukrainian courts received 3,835,835 complaints, showing a growth of 3% compared to the previous year, while 3,502,211 cases of those were considered.

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