The applications were lodged with the European Court of Human Rights on various dates between
24 November 2010 and 3 February 2016.
Judgment was given by a Chamber of seven judges, composed as follows:
Helena Jäderblom (Sweden), President,
Branko Lubarda (Serbia),
Helen Keller (Switzerland),
Dmitry Dedov (Russia),
Pere Pastor Vilanova (Andorra),
Georgios A. Serghides (Cyprus),
Jolien Schukking (the Netherlands),
and also Fatoş Aracı, Deputy Section Registrar.
Decision of the Court
The Court noted that it had already dealt with similar claims and had found a violation of Article 1 of
Protocol No. 1, owing to a failure to repay a different type of bond, the Harvest-90 bonds (Malysh
It found that since Russia had taken upon itself the obligation to settle the 1982 debt, the applicants
in this case had had a continuous claim against the State, starting from the ratification of Protocol
No. 1 to the European Convention in May 1998 to the date of the submission of their complaints to
the Court and to the present day.
Although the State had legislated to provide a framework for settlement, the process had, for
reasons unclear to the Court, remained suspended since 2003.
The authorities had not acted to repay the debt nor carried out an assessment of the amount
outstanding, such as looking at how much it would cost to settle it or balancing such costs against
other priority expenses. In fact, such an assessment was impossible because the Finance Ministry
had never completed the planned procedure for registering the bonds.
While economic turbulence might once have justified financial restrictions, the Government had not
shown why the authorities had failed for more than 20 years to settle the applicants’ legal
entitlement.
For their part, the applicants had been active in pressing their claims, both with the administrative
authorities and in court. Overall, and as in the earlier related cases, the Court found that the
applicants had been left in a state of legal uncertainty for too long, which was incompatible with
European Convention property rights.
Just satisfaction (Article 41)
In examining the claims, the Court distinguished between applicants who had provided detailed
information about the origin of their bond holding and those who did not. It noted that that it was
important to be able to demonstrate the time of acquisition because, owing to post-Soviet inflation
and currency depreciation, the amount of losses depended on it.
It eventually found that only three applicants had provided a credible explanation of the origin of
their holdings of the debt.
It held that Russia was to pay those three applicants various amounts in respect of pecuniary
damage and EUR 1,800 each in respect of non-pecuniary damage. For the other applicants it held
that the finding of a violation was sufficient just satisfaction for their non-pecuniary damage. It also
awarded between EUR 30 and EUR 1,500 for costs and expenses to six applicants.
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