CASE OF VOROKOV AND OTHERS v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court;Fair hearing)
Dmitry Dedov;Luis López Guerra
4. Between 1986 and 1987 the applicants took part in the clean-up operation at the Chernobyl nuclear disaster site. They were subsequently registered disabled and became entitled to various social benefits and compensation paid on a regular basis. 5. Considering these benefits insufficient, the applicants together with other 482 people, sued the Russian Ministry of Finance for additional compensation corresponding to non-pecuniary damage suffered as a result of their participation in the operation. 6. On different dates in January and April 2011 the Nalchik Town Court of Kabardino-Balkaria (“the Town Court”) allowed their claims in part and awarded each claimant, including the applicants, compensation ranging between 1,200,000 Russian roubles (RUB) and RUB 1,600,000 for nonpecuniary damage. 7. No appeals were lodged against these judgments within the statutory ten-day time-limit. The judgments became final but have never been executed. 8. On different dates the Town Court granted the defendant authority’s request to extend the time-limit for appeal on the grounds that the authorities had not received a copy of the judgment in due course. Subsequently the regional Supreme Court quashed the judgments delivered in the applicants’ favour on the grounds that they had been based on retrospective application of the law.