FIFTH SECTION
DECISION
Applications nos. 13040/23 and 18325/23
Pavlo Panasovych GODYNA against Ukraine
and Vasyl Mykhaylovych KULACHUK against Ukraine
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 11 July 2024 as a Committee composed of:
Carlo Ranzoni, President,
Mārtiņš Mits,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 5 § 3 of the Convention concerning the lack of relevant and sufficient reasons for detention were communicated to the Ukrainian Government (“the Government”).
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 5 § 3 of the Convention (lack of relevant and sufficient reasons for detention)In the present applications, having examined all the material before it, the Court considers that there were sufficient grounds for the applicants’ initial detention, as well as for its subsequent prolongations in view of the existence of a reasonable suspicion of having committed serious offences, as well as due to the risks of the applicants’ absconding and or tampering with witnesses given their personal situation and the specific circumstances of the case.
The Court therefore finds that the applicants’ detention was based on relevant and sufficient grounds. It also does not observe any delays on the part of authorities’ while dealing with the applicants’ detention.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 5 September 2024.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(lack of relevant and sufficient reasons for detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Period of detention
Court which issued detention order/ examined appeal
13040/23
06/03/2023
Pavlo Panasovych GODYNA
1960
Brovko Oleksandr Olegovych
Dnipro
16/02/2023 - 29/03/2023
Dniprovskyy Court of Appeal
18325/23
12/04/2023
Vasyl Mykhaylovych KULACHUK
1967
Samulyak Mykhaylo Yuriyovych
Ternopil
14/12/2022 - 27/04/2023
Ternopil Court of Appeal