SALKAZANOV AND OTHERS v. RUSSIA - 65795/09 - HEJUD (French text) [2013] ECHR 162 (19 February 2013)

SALKAZANOV AND OTHERS v. RUSSIA - 65795/09 - HEJUD (French text) [2013] ECHR 162 (19 February 2013)

The annulment of final judgments in favor of the applicants was not based on genuinely newly discovered facts nor to correct a fundamental procedural defect, but was used by the State as a disguised appeal, violating the principle of legal certainty under Article 6 § 1 ECHR and the applicants' right to the peaceful...

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Citation
[2013] ECHR 162
Parties
Applicant: Elbrus Fedorovich Salkazanov and 78 others (see Annex I); Respondent: Russian Federation
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR (joined Applications) / Judgment (merits and Just Satisfaction)
Outcome
Applications joined and declared admissible; violation of Article 6 § 1 ECHR and Article 1 of Protocol No. 1 found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Protection of Property, Finality of Judgments, Reopening of Proceedings, Satisfaction for Non Pecuniary and Pecuniary Damage
Human Rights Law Civil Procedure Right to a Fair Trial Protection of Property Finality of Judgments Reopening of Proceedings Satisfaction for Non Pecuniary and Pecuniary Damage

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Parties

Elbrus Fedorovich Salkazanov and 78 others (see Annex I)

Applicant

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR (joined Applications) / Judgment (merits and Just Satisfaction)

  1. 1 Whether the annulment of final domestic judgments in favor of the applicants violated Article 6 § 1 ECHR (right to a fair trial) and Article 1 of Protocol No. 1 (protection of property)
  2. 2 Whether the reopening of proceedings was justified by newly discovered facts or amounted to an abuse of process

Ratio Decidendi

The annulment of final judgments in favor of the applicants was not based on genuinely newly discovered facts nor to correct a fundamental procedural defect, but was used by the State as a disguised appeal, violating the principle of legal certainty under Article 6 § 1 ECHR and the applicants' right to the peaceful enjoyment of their possessions under Article 1 of Protocol No. 1.

Court Disposition

Applications joined and declared admissible; violation of Article 6 § 1 ECHR and Article 1 of Protocol No. 1 found; just satisfaction awarded.

Orders

  • State to pay each applicant the amount in euros specified in Annex II for pecuniary damage, to be converted into Russian roubles at the date of settlement, plus any tax due.
  • State to pay each applicant 2,000 EUR for non-pecuniary damage, plus any tax due.