Published on 20 December 2021
FIFTH SECTION
Application no. 35543/16
Sergiy Oleksiyovych KUSHCHOV
against Ukraine
lodged on 6 June 2016
communicated on 3 December 2021
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s allegations under Article 5 §§ 1 and 5 of the Convention regarding the unlawfulness of his arrest on 26 March 2015 and subsequent detention until 6 April 2015, and the impossibility to receive compensation for that detention. On 26 March 2015 the applicant was arrested by the investigator on suspicion of participation in a terrorist organisation. On 27 March 2015 his detention was ordered by the Babushkinskyi District Court of Dnipropetrovsk. On 6 April 2015 the Dnopropetrovsk Regional Court of Appeal quashed that decision as unreasoned and released the applicant. The Court of Appeal furthermore held that the applicant’s arrest on 26 March 2015 had been unlawful.
The applicant instituted proceedings claiming compensation for unlawful arrest and detention between 26 March and 6 April 2015, however the domestic court rejected his claims as unsubstantiated. The final decision was taken by the Higher Specialised Court of Civil and Criminal Matters on 25 February 2016.
QUESTIONS TO THE PARTIES
1. Did the decision of the Dnipropetrovsk Regional Court of Appeal of 6 April 2015 declaring the applicant’s arrest on 26 March 2015 unlawful, constitute a basis for him to claim compensation? The Government are invited to provide the Court with the relevant case-law examples showing the existence and effectiveness of a domestic remedy in the applicant’s case.
2. Has there been a violation of Article 5 § 1 of the Convention in respect of the applicant’s arrest on 26 March 2015 and subsequent detention until 6 April 2015?
3. Did the applicant have an effective and enforceable right to compensation for the alleged violation of Article 5 § 1, as required by Article 5 § 5 of the Convention (see, for example, Taran v. Ukraine, no. 31898/06, §§ 87-90, 17 October 2013; Lelyuk v. Ukraine, no. 24037/08, §§ 50-59, 17 November 2016)?