003-3294684-3678323
WyrokETPCz2010-10-07
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy długotrwałe niezwrócenie pojazdu zajętego jako dowód w postępowaniu karnym stanowi naruszenie prawa do ochrony własności i prawa do skutecznego środka odwoławczego?Stan faktyczny
Skarżący, Georgi Atanasov, obywatel Bułgarii, złożył skargę dotyczącą zajęcia jego pojazdu w 1997 roku jako dowodu w postępowaniu karnym. Pojazd nie został mu zwrócony aż do 2008 roku, pomimo licznych, bezskutecznych próśb.Rozstrzygnięcie
Stwierdza naruszenie art. 1 Protokołu nr 1. Stwierdza naruszenie art. 13 w związku z art. 1 Protokołu nr 1.Pełny tekst orzeczenia
issued by the Registrar of the Court
no. 734
07.10.2010
Chamber judgments1 concerning Bulgaria, Greece, Russia
and Ukraine
The European Court of Human Rights has today notified in writing the following eight
Chamber judgments.
One length-of-proceedings case, with the Court’s main finding indicated, can be found at
the end of the press release. The judgments available only in French are indicated with
an asterisk (*).
Georgi Atanasov v. Bulgaria (application no. 5359/04)*
The applicant, Georgi Atanasov, is a Bulgarian national who was born in 1965 and lives
in Sofia. He relied on Article 1 of Protocol No. 1 (protection of property) and Article 13
(right to an effective remedy) of the European Convention on Human Rights,
complaining that in 1997 his vehicle had been seized as evidence in criminal proceedings
and had not been returned to him until 2008 after many requests that had been
unsuccessful.
Violation of Article 1 of Protocol No. 1
Violation of Article 13 in conjunction with Article 1 of Protocol No. 1
Just satisfaction: no claim made by the applicant for non-pecuniary damage; euros (EUR) (costs and expenses)
Pankov v. Bulgaria (no. 12773/03)
The applicant, Ivaylo Pankov, is a Bulgarian national who was born in 1980 and lives in
Pleven (Bulgaria). A conscript, Mr Pankov alleged that he had been shot in the abdomen
by another serviceman during shooting practice and that the authorities had failed to
take the necessary precautions to prevent such an incident from occurring. He also
complained about the inadequacy of the ensuing investigation, which had concluded that
he had in fact shot himself at close range by accident. Mr Pankov relied on Articles 2
(right to life) and 13 (right to an effective remedy) of the Convention.
No violation of Article 2
No violation of Article 13 Under Article 43 of the European Convention on Human Rights, within three months from the date of a
Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the
17-member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case
raises a serious question affecting the interpretation or application of the Convention or its protocols, or a
serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such
question or issue arises, the panel will reject the request, at which point the judgment becomes final.
Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties
declare that they do not intend to make a request to refer.
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 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.
Two violations of Article 6 § 1 (length)
Violation of Article 2 of Protocol No. 4
Just satisfaction: No claim made by the applicant
Znaykin v. Ukraine (no. 37538/05)
The applicant, Grigoriy Znaykin, is a Ukrainian national who was born in 1975 and lived
in Staryy Krym (Ukraine) before his imprisonment. A former police officer found guilty of
abuse of office and sentenced to five and a half years’ imprisonment in January 2006,
Mr Znaykin complained in particular about the conditions as well as the unlawfulness of
his detention. He relied on Article 3 (prohibition of inhuman or degrading treatment) and
Article 5 § 1 (right to liberty and security).
Violation of Article 3
Two violations of Article 5 § 1
Just satisfaction: EUR 6,000 (non-pecuniary damage)
Length-of-proceedings case
In the following case, the applicant complained in particular under Article 6 § 1 (right to
a fair hearing within a reasonable time) about the excessive length of (non-criminal)
proceedings.
Utyuzhnikova v. Russia (no. 25957/03)
Violation of Article 6 § 1
This press release is a document produced by the Registry. It does not bind the Court.
Decisions, judgments and further information about the Court can be found on its
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Press contacts
[email protected] | tel: +33 3 90 21 42 08
Emma Hellyer (tel: + 33 3 90 21 42 15)
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Kristina Pencheva-Malinowski (tel: + 33 3 88 41 35 70)
Céline Menu-Lange (tel: + 33 3 90 21 58 77)
Frédéric Dolt (tel: + 33 3 90 21 53 39)
Nina Salomon (tel: + 33 3 90 21 49 79)
The European Court of Human Rights was set up in Strasbourg by the Council of
Europe Member States in 1959 to deal with alleged violations of the 1950 European
Convention on Human Rights.
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