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WyrokETPCz2014-02-06
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy nadzwyczajne uchylenie ostatecznego nakazu restytucji mienia, wiele lat po jego wydaniu, naruszyło prawo do poszanowania mienia z art. 1 Protokołu nr 1 do Konwencji?Stan faktyczny
Skarżący, Aleksandar Vikentijevik, w 2000 r. wszczął postępowanie restytucyjne dotyczące mienia należącego do firmy, której udziałowcem był jego zmarły dziadek, a które zostało skonfiskowane po II wojnie światowej. We wrześniu 2000 r. Komisja Restytucyjna Ministerstwa Finansów uwzględniła jego roszczenia i nakazała przywrócenie mu posiadania części gruntów, budynków oraz akcji w ramach rekompensaty. Następnie, na wniosek Prokuratora Generalnego, powołującego się na wady w postępowaniu restytucyjnym, Komisja Restytucyjna uchyliła nakaz restytucji. Decyzja ta została ostatecznie podtrzymana przez Sąd Najwyższy w marcu 2007 r., a sprawa została przekazana do ponownego rozpatrzenia. Odnowione postępowanie restytucyjne jest nadal w toku.Rozstrzygnięcie
Stwierdza brak naruszenia art. 1 Protokołu nr 1.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 037 (2014)
06.02.2014
Judgments concerning “The former Yugoslav Republic of Macedonia”, Greece
and Russia
The European Court of Human Rights has today notified in writing the following four judgments, of
which one (in italics) is a Committee judgment and is final. The others are Chamber judgments1 and
are not final.
One length-of-proceedings case, with the Court’s main finding indicated, can be found at the end of
the press release. The judgments in French are indicated with an asterisk (*).
Vikentijevik v. “The former Yugoslav Republic of Macedonia” (application
no. 50179/07)
The applicant, Aleksandar Vikentijevik, is a Macedonian national who was born in 1941 and lives in
Skopje (“The former Yugoslav Republic of Macedonia”). The case concerned the extraordinary
quashing of a final order for the restitution of property given in his favour. Mr Vikentijevik brought
restitution proceedings in 2000 in respect of property belonging to a company of which his late
grandfather had been a shareholder and which had been confiscated after the Second World War. In
September 2000, the Restitution Commission of the Ministry of Finance accepted his claims and
decided to restore to his possession some land belonging to the company as well as certain buildings
and shares in compensation for confiscated property. Following a request by the Solicitor General,
referring to defects in the restitution proceedings, the Restitution Commission quashed the
restitution order, in a decision eventually upheld by the Supreme Court in March 2007, and remitted
the case for re-examination. The renewed restitution proceedings are still pending. Mr Vikentijevik
complained that the quashing of the restitution order, years after its adoption, had breached his
rights under Article 1 (protection of property) of Protocol No. 1 to the European Convention on
Human Rights.
No violation of Article 1 of Protocol No. 1
Semikhvostov v. Russia (no. 2689/12)
The applicant, Aleksandr Semikhvostov, is a Russian national who was born in 1965 and lives in the
Leningrad Region (Russia). In February 2001, he was convicted of torture and manslaughter and
sentenced to 13 and a half years’ imprisonment. After having initially served his sentence in other
facilities, he was transferred to correctional facility IK-11 in the Mordoviya Republic in January 2010,
where he stayed until his release in January 2013. Being paralysed from the waist down and
confined to a wheelchair, Mr Semikhvostov alleged that the premises of that facility were unsuitable
for his condition. In particular, he stated: that the toilets were not accessible for disabled people, so
that he had to ask other inmates for help to use them; that he needed assistance to use the
bathhouse; that during the last year of his detention he could not take exercise outside, as he could
not get into his wheelchair without assistance; and, that during this latter period his wheelchair had
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a judgment’s
delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five
judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final
judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
been taken away from him in the dormitory for security reasons. Mr Semikhvostov complained that
those detention conditions had been in breach of Article 3 (prohibition of inhuman or degrading
treatment) of the Convention. Relying on Article 13 (right to an effective remedy), he further
complained that he did not have an effective remedy at national level in respect of those complaints.
Violation of Article 13
Violation of Article 3 (inhuman and degrading treatment)
Just satisfaction: 15,000 euros (EUR) (non-pecuniary damage) and EUR 1,150 (costs and expenses)
Zimin v. Russia (no. 48613/06)
The applicant, Vladimir Zimin, is a Russian national who was born in 1972 and lives in Ulyanovsk
(Russia). The case concerned his pre-trial detention. After having been appointed as liquidator of an
insolvent company in December 2002, Mr Zimin was charged, in March 2006, with fraudulent
trading during the insolvency proceedings and with embezzlement. The regional authorities were
unable to locate him, but he was eventually arrested in Moscow in April 2006 and transferred to
Ulyanovsk, where he was subsequently placed in pre-trial detention. His appeals against his
detention were unsuccessful and he remained in pre-trial detention until his conviction of fraudulent
trading – the embezzlement charge having been dropped – in December 2006. Relying in substance
on Article 5 § 3 (right to liberty and security – entitlement to trial within a reasonable time or to
release pending trial), Mr Zimin complained that his pre-trial detention had been unreasonable,
in particular since it had not been based on relevant and sufficient reasons.
No violation of Article 5 § 3
Length-of-proceedings case
In the following case the applicants complained in particular, under Article 6 § 1 (right to a fair
hearing within a reasonable time), about the excessive length of non-criminal proceedings.
Gletsos v. Greece (no. 58572/10)*
Violation of Article 6 § 1
Violation of Article 13
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 www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Nina Salomon (tel: + 33 3 90 21 49 79)
Denis Lambert (tel: + 33 3 90 21 41 09)
Jean Conte (tel: + 33 3 90 21 58 77)
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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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło