Communicated on 3 April 2019
FIFTH SECTION
Application no. 54575/12
Igor Andriyovych KARAPAS against Ukraine
and 5 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ allegations introduced directly or in substance under Article 5 § 1 of the Convention about unjustified continued detention after the relevant grounds for that detention ceased to exist. Relevant details of applications are indicated in the appendix. The applicant in application no. 54575/12 also complains under Article 5 § 5 of the Convention that he did not have an enforceable right to compensation for unlawful detention.
QUESTION tO THE PARTIES As regards all the applications
Were the applicants deprived of their liberty, after the relevant reasons for their detention had ceased to exist, as indicated in the appendix, in breach of Article 5 § 1 of the Convention (see, for example, Ruslan Yakovenko v. Ukraine, no. 5425/11, §§ 67-70, 4 June 2015)?
ADDITIONAL QUESTION tO THE PARTIES As regards application no. 54575/12
Does the applicant have an effective and enforceable right to compensation for his detention allegedly in contravention of Article 5 § 1, as required by Article 5 § 5 of the Convention (see, for example, Korneykova v. Ukraine, no. 39884/05, §§ 79-82, 19 January 2012, and Taran v. Ukraine, no. 31898/06, §§ 87-90, 17 October 2013)?
KARAPAS v. UKRAINE AND OTHER APPLICATIONS – SUBJECT MATTER OF THE CASE AND QUESTIONS 1
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Reason for the applicant’s release
Due date of the applicant’s release
Date of the applicant’s actual release
Other complaints to be communicated
54575/12
07/08/2012
Igor Andriyovych KARAPAS
17/08/1965
Kirovograd
Decision of the Kirovograd Leninskyy District Court of 14/05/2010 ordering the applicant’s early release
22/05/2010
25/05/2010
Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, as required by Article 5 § 5
14607/16
04/03/2016
Yevgen Ivanovych PANCHUK
27/11/1978
Chapayevo
Olena Oleksandrivna RICHKO
Expiration of imprisonment term according to the judgment of the Armyansk Court of 12/03/2014
12/09/2015
18/09/2015
84541/17
14/12/2017
Vyacheslav Viktorovych PONOMARYOV
19/06/1986
Mariupоl
Vladimir Borisovich GLUSHCHENKO
Decision of the Mashivka District Court of Poltava Region of 22/06/2017 ordering the applicant’s early release
30/06/2017
06/07/2017
110/18
14/12/2017
Oleg Volodymyrovych KINASH
25/12/1980
Novoyavorivsk
Vladimir Borisovich GLUSHCHENKO
Decision of the Mashivka District Court of Poltava Region of 22/06/2017 ordering the applicant’s early release
30/06/2017
06/07/2017
1414/18
18/12/2017
Maksym Yuriyovych SEVERIN
25/03/1980
Zaporizhzhya
Ganna Volodymyrivna OVDIYENKO
Decision of the Mashivka District Court of Poltava Region of 23/06/2017 ordering the applicant’s early release
03/07/2017
06/07/2017
1648/18
18/12/2017
Oleg Oleksandrovych LYNNYK
22/02/1978
Kremenchug
Ganna Volodymyrivna OVDIYENKO
Decision of the Mashivka District Court of Poltava Region of 23/06/2017 ordering the applicant’s early release
03/07/2017
06/07/2017
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