SENCHENKO & Ors - Yakut pensioners cases v. RUSSIA - 32865/06 [2009] ECHR 803 (28 May 2009)

JUDGMENT STRASBOURG 28 May 2009 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Senchenko and Others and 35 other “Yakut pensioners” cases v. Russia , The European Court of Human Rights (First Section), sitting as a Chamber composed of: Christos Rozakis, President, Nina Vajić, Anatoly Kovler, Khanlar Hajiyev, Dean Spielmann, Sverre Erik Jebens, George Nicolaou, judges, and Søren Nielsen , Section Registrar , Having deliberated in private on 7 May 2009, Delivers the following judgment, which was adopted on that date: PROCEDURE The case originated in 36 applications against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 90 Russian nationals whose names and dates of birth are tabulated in the Annex (“the applicants”). The applications' dates of introduction are also tabulated in the Annex. On 4 September 2007 one of the applicants, Ms Skripka Nadezhda Yegorovna, died, and her daughter, Ms Skripka Oksana Vasiliyevna, adopted her application. On an unspecified date another applicant, Mr Maznitsa Dmitriy Anatolyevich, died, but no heir showed interest in pursuing his application. The applicants were represented by Mr I. Novikov, a lawyer practising in Novosibirsk. The Russian Government (“the Government”) were represented by Mrs V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights. The President of the First Section decided to communicate the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3) and to join the applications (Rule 42 of the Rules of Court). THE FACTS The applicants are pensioners. They sued a pension authority for miscalculating their pensions. The Neryungri Town Court of Yakutia held for the applicants. The Supreme Court of Yakutia upheld those judgments on appeal and they became binding. Later, on the pension authority's request, the Presidium of the Supreme Court of Yakutia quashed the judgments on supervisory review because it considered that the courts below had misinterpreted material law. The dates of the court decisions are tabulated in the Annex. THE LAW I. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL No. 1 The applicants complained under Articles 6 and 13 of the Convention, and Article 1 of Protocol No. 1 about the quashing of their judgments. The Court considers it appropriate to examine this complaint under Article 6 of the Convention and Article 1 of Protocol No. 1 only. Insofar as relevant, these Articles read as follows: Article 6 § 1 “ In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing ... by [a] ... tribunal...” Article 1 of Protocol No. 1 “ Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.” A. Admissibility The Government argued that the applications were inadmissible. The proceedings in question had been outside the sphere of Article 6 because they had concerned pension laws of a general application. Supervisory review had been a legitimate feature of Russia's legal system. The judgments had had to be quashed because they had been based on a misapplication of law and hence had contained a fundamental defect. The supervisory review had aimed to ensure a uniform application of pension laws and hence promoted legal certainty. The domestic procedure for supervisory review had been respected. The supervisory review had been set in motion by a party to the proceedings and had happened shortly after the judgments had become binding. Annulment of binding judgments had been legitimate in a democratic society and known, for example, to such countries as Germany, Austria, and Switzerland. Besides, the Committee of Ministers of the Council of Europe had found that Russia's supervisory-review procedure had improved. In the cases at hand, the supervisory review had not breached Article 1 of Protocol No. 1 because the authorities left to the applicants the sums paid before the quashing. Besides, since the Presidium had in the end found that the applicants' claims had been unfounded, they had not had a “possession” within the meaning of Article 1 of Protocol No. 1. The applicants insisted that their applications were admissible. The judgments had been correct. The Presidium's disagreement with the lower courts' reading of the law had not justified the quashing. Even though the State had left to the applicants the sums paid before the quashing, these sums had still been lower that they should have been under the judgments. The Court notes, first, that Mr Maznitsa has died and that no heir has shown interest in pursuing his part of application no. 6727/07. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of that application. In view of the above, it is appropriate to strike Mr Maznitsa's part of application no. 6727/07 out of the list. As to the other applicants, the Court finds that their disputes concerned their individual pensions and hence fell within the ambit of Article 6 of the Convention and Article 1 of Protocol No. 1 (see Magomedov v. Russia , no. 20111/03, § 16, 4 December 2008). The Court notes that the applications are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible. B. Merits The Court has earlier found violations of Article 6 § 1 and Article 1 of Protocol No. 1 where, like in the present cases, supervisory review was used to quash a binding judgment on the ground of an alleged misinterpretation of material law (see, for example, Kot v. Russia , no. 20887/03, § 29, 18 January 2007). There is no reason to depart from that finding in the present case. There has, accordingly, been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. II. APPLICATION OF ARTICLE 41 OF THE CONVENTION Article 41 of the Convention provides: “ If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” The applicants set out claims for just satisfaction in their initial application forms, but failed to resubmit these claims at the appropriate stage of the proceedings, i.e. after notice of the applications had been given to the Government. Nevertheless, the Court considers it reasonable in the circumstances of the present applications to grant the applicants just satisfaction ad hoc (see Levochkina v. Russia , no. 944/02, §§ 53–55, 5 July 2007). Making its assessment on an equitable and reasonable basis, the Court awards each applicant 2,000 euros in respect of pecuniary damage, non-pecuniary damage, and costs and expenses. FOR THESE REASONS, THE COURT UNANIMOUSLY Decides to join the applications; Decides to strike out of its list of cases Mr Maznitsa's part of application no. 6727/07; Declares the other applications admissible; Holds that there has been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1; Holds (a) that the respondent State is to pay each applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,000 (two thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage, non-pecuniary damage, and costs and expenses, to be converted into Russian roubles at the rate applicable at the date of settlement; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; Done in English, and notified in writing on 28 May 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Søren Nielsen Christos Rozakis Registrar President ANNEX Appl. no. Introduced on Name of Applicant Born Judgment of Binding on Quashed on 32865/06 17/06/06 Senchenko Naylya Rukhkhulovna 01/04/04 12/05/04 09/02/06 Dmitriyeva Alevtina Ivanovna 01/04/04 12/05/04 09/02/06 Dmitriyeva Margarita Petrovna 01/04/04 12/05/04 09/02/06 Levitskiy Nikolay Savelyevich 01/04/04 12/05/04 09/02/06 Levitskaya Natalya Aleksandrovna 01/04/04 12/05/04 09/02/06 Lebedeva Vera Yevdokimovna 01/04/04 12/05/04 09/02/06 Makusheva Svetlana Aleksandrovna 01/04/04 12/05/04 09/02/06 Moskaleva Galina Yegorovna 01/04/04 12/05/04 09/02/06 Moskalev Nikolay Vasilyevich 01/04/04 12/05/04 09/02/06 Plakhotnichenko Pavel Igorevich 01/04/04 12/05/04 09/02/06 Spiridonova Taisiya Vasilyevna 01/04/04 12/05/04 09/02/06 3137/07 29/11/06 Zhmurin Yuriy Viktorovich 03/05/04 28/03/05 27/07/06 Karbovskaya Galina Ivanovna 03/05/04 28/03/05 27/07/06 3158/07 01/12/06 Chumakova Anna Dmitriyevna 05/10/04 21/03/05 24/08/06 5650/07 15/11/06 Sagaydakova Lyudmila Vasilyevna 05/10/04 21/03/05 24/08/06 Demakova Natalya Vladislavovna 05/10/04 21/03/05 24/08/06 Kozlova Lyudmila Alekseyevna 05/10/04 21/03/05 24/08/06 Korshikova Vera Pavlovna 05/10/04 21/03/05 24/08/06 Khvorova Lyubov Alekseyevna 05/10/04 21/03/05 24/08/06 Muzyreva Nina Vasilyevna 05/10/04 21/03/05 24/08/06 Myzyrev Yuriy Pavlovich 05/10/04 21/03/05 24/08/06 Ilchuk Valeriy Georgiyevich 05/10/04 21/03/05 24/08/06 Kazarenko Vladimir Savelyevich 05/10/04 21/03/05 24/08/06 Labzin Nikolay Ivanovich 05/10/04 21/03/05 24/08/06 5654/07 17/11/06 Ostrova Lyudmila Petrovna 30/11/04 21/03/05 27/07/06 5657/07 29/12/06 Matveyeva Lidiya Ivanovna 21/04/05 06/06/05 12/10/06 Loseva Tamara Moiseyevna 21/04/05 06/06/05 12/10/06 Solovyova Galina Stepanovna 21/04/05 06/06/05 12/10/06 5663/07 17/11/06 Loginova Tamara Ivanovna 28/09/04 21/03/05 24/08/06 6727/07 01/10/06 Vasilyeva Nina Leonidovna 17/03/05 18/04/05 27/07/06 Doruda Yevgeniy Nikiforovich 17/03/05 18/04/05 27/07/06 Lefterova Lyudmila Aleksandrovna 17/03/05 18/04/05 27/07/06 Maznitsa Dmitriy Anatolyevich 17/03/05 18/04/05 27/07/06 Podozyorov Vladimir Mikhaylovich 17/03/05 18/04/05 27/07/06 Fyodorova Mariya Lukinichna 17/03/05 18/04/05 27/07/06 6822/07 29/12/06 Vinnik Grigoriy Yakovlevich 23/03/05 04/05/05 24/08/06 6828/07 29/12/06 Sharshavina Lyubov Demyanovna 17/03/05 18/04/05 24/08/06 6846/07 22/12/06 Pyankov Viktor Arkadyevich 28/06/05 01/08/05 16/11/06 Pyankova Mariya Mikhaylovna 28/06/05 01/08/05 16/11/06 8553/07 12/01/07 Krupa Tamara Ivanovna 04/03/05 18/04/05 24/08/06 8560/07 16/01/07 Lebid Roman Petrovich 18/11/04 21/03/05 27/07/06 11576/07 11/12/06 Burlakova Tatyana Andreyevna 22/11/04 21/03/05 13/07/06 Vintovkina Nadezhda Alekseyevna 22/11/04 21/03/05 13/07/06 11578/07 08/11/06 Torlova Tatyana Nikitichna 05/10/04 23/03/05 27/07/06 11582/07 09/11/06 Avdeyeva Valentina Stepanovna 27/09/04 21/03/05 27/07/06 Ovechkin Grigoriy Pavlovich 27/09/04 21/03/05 27/07/06 11583/07 11/12/06 Bystrov Aleksandr Mikhaylovich 16/08/04 21/03/05 27/07/06 11584/07 11/12/06 Belyayev Viktor Fyodorovich 17/03/05 18/04/05 27/07/06 11585/07 07/11/06 Shipitsyna Lyudmila Georgiyevna 30/11/04 23/03/05 24/08/06 12966/07 02/01/07 Ananyeva Tamara Nikolayevna 31/03/05 08/06/05 27/07/06 13830/07 15/02/07 Samikova Lyudmila Alekseyevna 30/03/05 06/06/05 16/11/06 Yesipenko Nikolay Stepanovich 30/03/05 06/06/05 16/11/06 13831/07 11/02/07 Gredasova Lyubov Vasilyevna 07/04/05 06/06/05 16/11/06 13833/07 15/02/07 Kim Lev Borisovich 09/03/05 11/04/05 24/08/06 13835/07 15/02/07 Kostovarov Aleksandr Mikhaylovich 23/03/05 23/05/05 16/11/06 19001/07 21/03/07 Varnakova Larisa Aleksandrovna 21/04/05 29/06/05 19/10/06 Morozova Nadezhda Alekseyevna 21/04/05 29/06/05 19/10/06 Skripka Nadezhda Yegorovna 21/04/05 29/06/05 19/10/06 Fritz Galina Fyodorovna 21/04/05 29/06/05 19/10/06 19003/07 16/02/07 Derevyannykh Valentina Mikhaylovna 28/06/05 01/08/05 30/11/06 Davletov Talgat Shakirovich 28/06/05 01/08/05 30/11/06 Oleynikova Vera Georgiyevna 28/06/05 01/08/05 30/11/06 Ryazanova Svetlana Ivanovna 28/06/05 01/08/05 30/11/06 Pavlik Pyotr Nikitovich 28/06/05 01/08/05 30/11/06 19736/07 07/03/07 Fedko Vladimir Mikhaylovich 10/06/05 06/07/05 12/10/06 19738/07 01/03/07 Shumikhina Lyudmila Mikhaylovna 07/04/05 06/06/05 12/10/06 19740/07 01/03/07 Gaponova Olga Aleksandrovna 07/04/05 06/06/05 12/10/06 Drozhzhina Galina Alekseyevna 07/04/05 06/06/05 12/10/06 19741/07 01/03/07 Aleksandrov Nikolay Mikhaylovich 27/06/05 27/07/05 12/10/06 19744/07 23/02/07 Veretelnik Anatoliy Mikhaylovich 21/03/05 23/05/05 12/10/06` 19746/07 27/02/07 Godunova Natalya Ivanovna 08/04/05 08/06/05 16/11/06 Zolotukhina Tatyana Prokopyevna 08/04/05 08/06/05 16/11/06 Samoylova Lyubov Davydovna 08/04/05 08/06/05 16/11/06 19749/07 23/02/07 Koreneva Lyudmila Georgiyevna 29/04/05 20/06/05 09/11/06 Skripelyova Valentina Mikhaylovna 29/04/05 20/06/05 09/11/06 Stolova Tamara Vladimirovna 29/04/05 20/06/05 09/11/06 19752/07 07/03/07 Stepanova Tatyana Ivanovna 04/04/05 08/06/05 16/11/06 Sinitsyna Anna Ivanovna 04/04/05 08/06/05 16/11/06 20343/07 16/02/07 Andrianova Yelena Fyodorovna 11/05/05 15/06/05 16/11/06 Dorokhov Gennadiy Petrovich 11/05/05 15/06/05 16/11/06 Davletova Firuza Shaykhenurovna 11/05/05 15/06/05 16/11/06 Kotova Olga Igorevna 11/05/05 15/06/05 16/11/06 Parshin Sergey Aleksandrovich 11/05/05 15/06/05 16/11/06 Shcherbakov Aleksandr Aleksandrovich 11/05/05 15/06/05 16/11/06 Shcherbakova Tatyana Innokentyevna 11/05/05 15/06/05 16/11/06 Kravchenko Yekaterina Filippovna 11/05/05 15/06/05 16/11/06 Pigolkina Tatyana Pavlovna 11/05/05 15/06/05 16/11/06 20939/07 10/04/07 Plakhotnik Mariya Yevstafyevna 26/09/05 31/10/05 16/11/06 Kolesnikova Yelena Dmitriyevna 26/09/05 31/10/05 16/11/06 Sergeyeva Lyudmila Mikhaylovna 26/09/05 31/10/05 16/11/06 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII