Just satisfaction
Antonopoulou and Others v. Greece (no. 49000/06)*
The applicants, Vagia Antonopoulou, Dimitrios Chrysafis, Emmanouil Mantousis and
Nikiforos Mantousis, are Greek nationals. They own land along the main highway
between Thessaloniki and Nea Moudania (Greece). In a judgment of 16 April 2009 the
Court found that there had been a violation of Article 6 § 1 (right to a fair hearing) and
Article 1 of Protocol No. 1 (Article 1 of Protocol No. 1 (protection of property). It took the
view that the rejection of a ground of appeal on points of law, of which the applicants
had complained, constituted an over-formalistic approach to the admissibility conditions
for the appeal and that, consequently, the restriction on the applicants’ right of access to
a court had not been proportionate to the aim of guaranteeing legal certainty or due
process. In addition, the Court held that in refusing to award the applicants
compensation for the non-expropriated parts of their land that had been devalued as a
result of the widening of the highway, the domestic courts had failed to strike a fair
balance between the protection of individual rights and the demands of the general
interest. It reserved its decision on the application of Article 41 (just satisfaction). In its
judgment today, the Court awarded the applicants EUR 145,000, jointly for pecuniary
damage.
Skachkov v. Russia (no. 25432/05)
The applicant, Igor Skachkov, is a Russian national who was born in 1970 and lives in
Lyubertsy (Russia). The case concerned his complaint about the appalling conditions of
his detention – in particular overcrowding – for three years in a remand prison pending
criminal proceedings against him for the kidnapping of the director general of a bank. He
was ultimately convicted of that charge as well as robbery and sentenced to nine years’
imprisonment. He relied in particular on Article 3 (prohibition of inhuman or degrading
treatment).
Violation of Article 3
Just satisfaction: EUR 10,000 (non-pecuniary damage)
Bogatova v. Ukraine (no. 5231/04)
The applicant, Lyudmila Bogatova, is a Ukrainian national who was born in 1944 and
lives in Dniprodzerzhynsk (Ukraine). Relying on Article 6 § 1 (right to a fair hearing), she
complained that, in a case she had brought concerning pension arrears, the domestic
courts had failed to consider her argument that she had been entitled under the
Constitution to a pension equal to the minimum living standard.
Violation of Article 6 § 1
Just satisfaction: EUR 1,200 (non-pecuniary damage), EUR 9 (postal expenses)
Pokhalchuk v. Ukraine (no. 7193/02)*
The applicant, Eduard Pavlovich Pokhalchuk, is a Ukrainian national who was born in
1943 and lives in Kharkiv (Ukraine). Relying on Article 6 § 1 (right to a fair hearing
within a reasonable time) he complained about the length of two sets of proceedings
concerning a dispute between neighbours: civil proceedings brought by him and criminal
proceedings against him. Under Article 2 of Protocol No. 4 (freedom of movement) in
particular, he complained about a decision taken in December 2000 at the beginning of
the criminal proceedings, but still in force today, to prohibit him from leaving the place
where he lives.
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