Published on 20 December 2021
FIFTH SECTION
Applications nos. 14526/16 and 42523/16
Svitlana Viktorivna KARPENKO against Ukraine
and Sergiy Leonidovych NAGABAS against Ukraine
lodged on 24 February 2016 and 7 July 2016 respectively
communicated on 3 December 2021
SUBJECT MATTER OF THE CASES
The applications concern the applicants’ complaints, raised explicitly or in substance under Article 5 § 5 of the Convention, that the amount of compensation for their unlawful detention acknowledged in the domestic proceedings was insufficient compared to the Court’s standards in cases of a similar degree of seriousness.
On 16 April 2015 the Lviv Regional Court of Appeal awarded the applicant, Ms Svitlana Viktorivna Karpenko, 60,000 Ukrainian hryvnias (UAH) (approximately 2,600 euros (EUR)) for, inter alia, unlawful detention of one year and ten months. The applicant’s appeals on points of law were rejected by the Higher Specialised Court of Civil and Criminal Matters and the Supreme Court on 14 May and 1 September 2015 respectively.
On 9 October 2015 the Kmelnytskyi Local Court awarded the applicant, Mr Sergiy Leonidovych Nagabas, UAH 5,000 (approximately EUR 170) for unlawful detention of four days. The applicant’s appeals were rejected by the Kmelnytskyi Regional Court of Appeal and the Higher Specialised Court of Civil and Criminal Matters on 11 December 2015 and 30 March 2016 respectively.
QUESTIONS TO THE PARTIES
1. Bearing in mind the decisions of the domestic courts and the awards of compensation granted to the applicants, can they still claim to be a victims of a breach of Article 5 of the Convention (see Vasilevskiy and Bogdanov v. Russia, nos. 52241/14 and 74222/14, §§ 19-23, 10 July 2018, and further references therein)?
2. If so, has there been a breach of Article 5 § 5 of the Convention in the present case?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
1.
14526/16
Karpenko v. Ukraine
24/02/2016
Svitlana Viktorivna KARPENKO
1950
Lviv
Ukrainian
2.
42523/16
Nagabas v. Ukraine
07/07/2016
Sergiy Leonidovych NAGABAS
1975
Khmelnytskyy
Ukrainian