FIFTH SECTION
CASE OF SVERDLYK AND SILIVERSTOV v. UKRAINE
(Applications nos. 57088/12 and 1354/15)
JUDGMENT
STRASBOURG
14 November 2019
This judgment is final but it may be subject to editorial revision.
In the case of Sverdlyk and Siliverstov v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
André Potocki, President,
Ganna Yudkivska,
Yonko Grozev, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 24 October 2019,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Ukrainian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of their pre-trial detention. The applicants also raised other complaints under the provisions of the Convention.
THE LAWJOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION
6. The applicants complained principally that their pre-trial detention had been unreasonably long. These complaints fall to be examined under Article 5 § 3 of the Convention, which reads as follows:
Article 5 § 3
“3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”
7. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006‑X, with further references).
8. In the leading cases of Kharchenko v. Ukraine (no. 40107/02, 10 February 2011) and Ignatov v. Ukraine (no. 40583/15, 15 December 2016), the Court already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants’ pre-trial detention was excessive.
10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. The applicants submitted other complaints under Article 5 §§ 1 (c) and 4 of the Convention which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Kharchenko v. Ukraine (§§ 75-76 and 84-85, cited above).APPLICATION OF ARTICLE 41 OF THE CONVENTION
12. 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.”
13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Ignatov v. Ukraine, cited above), the Court considers it reasonable to award the sums indicated in the appended table. It rejects the additional claims for just satisfaction raised by the applicant in application no. 57088/12.
14. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,Decides to join the applications;Declares the applications admissible;Holds that these applications disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State 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;Dismisses the remainder of the applicant’s claim for just satisfaction in application no. 57088/12.
Done in English, and notified in writing on 14 November 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtAndré Potocki
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Period of detention
Length of detention
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
57088/12
04/09/2012
Oleksandr Mykolayovych Sverdlyk
26/02/1981
11/02/2011 to
11/12/2012
1 year, 10 months and 1 day
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention:
the applicant lodged numerous petitions for release which were rejected by the court without proper reasoning,
Art. 5 (1) (c) - unlawful pre-trial detention as to the court’s ruling of 23 February 2011 ordering the applicant’s pre-trial detention with no end date specified
5,900
1354/15
27/12/2014
Yevgeniy Mykolayovych Siliverstov
06/05/1978
07/03/2013 to
15/09/2014
09/04/2015 to
19/11/2015
1 year, 6 months and 9 days
7 months and 11 days
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - failure of the courts to sufficiently address the applicant’s arguments for release and provide proper reasoning for their refusal.
1,700
[1]. Plus any tax that may be chargeable to the applicants.
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