Published on 13 October 2025
FIFTH SECTION
Application no. 31680/23
Taras Mykhaylovych KYTRYSH against Ukraine
and 5 other applications
(see list appended)
communicated on 26 September 2025
SUBJECT MATTER OF THE CASES
The applicants have been held in pre-trial detention in Kyiv Pre-Trial Detention Facility since May-June 2023. Some of them were released in December 2023 and some are still in detention.
Invoking Article 2 of the Convention, the applicants complain about the absence of an air-raid shelter in the detention facility, which, in the circumstances of the ongoing war in Ukraine and in the view of possible shelling, puts their lives in danger. The applicants also complain under Article 5 §§ 1 and 3 of the Convention that the domestic courts allegedly did not give relevant and sufficient reasons while ordering and extending their detention and set an unreasonable amount of bail. Moreover, the applicants complain under Article 5 § 4 of the Convention that the review of the detention orders by the Kyiv Court of Appeal was not speedy.
QUESTIONS TO THE PARTIES
1. Has the applicants’ right to life, ensured by Article 2 of the Convention, been put in danger as claimed by them? In particular, have the Government taken appropriate steps to safeguard the applicants’ lives?
2. Did the domestic courts give relevant and sufficient reasons for the purposes of Article 5 §§ 1 and 3 of the Convention while ordering and extending the applicants’ detention? Did they consider alternative measures to the applicants’ continued detention (see Kharchenko v. Ukraine, no. 40107/02, §§ 79-81, 10 February 2011, and Korban v. Ukraine, no. 26744/16, §§ 168-76, 4 July 2019)? Was the amount of bail determined in accordance with Article 5 § 3 of the Convention (see Istomina v. Ukraine, no. 23312/15, §§ 29-32, 13 January 2022)?
3. Did the proceedings concerning the examination of the applicants’ appeals against the detention orders listed in the appended table comply with the requirements of Article 5 § 4 of the Convention, in particular, with that of speediness (see Kharchenko v. Ukraine, no. 40107/02, § 86, 10 February 2011)?
4. Does the Government’s derogation under Article 15 of the Convention apply in the present cases in respect of the applicants’ Article 5 rights? If so, were the decisions, which are the subject of the applicants’ complaints, justified and limited to what is strictly required by the exigencies of the situation?
APPENDIX
No.
Application no.
Case name Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Detention Facility
Period of Detention
Proceedings complained of under Article 5 § 4
1.
31680/23
Kytrysh v. Ukraine
18/08/2023
Taras Mykhaylovych KYTRYSH
1977
Kyiv
Ukrainian
Anna Volodymyrivna CHYSHYNSKA
Kyiv Pre-Trial Detention Facility, 24/05/2023 – 22/12/2023
1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 06/07/2023; decision of the Kyiv Court of Appeal delivered on 03/08/2023.
2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 13/09/2023.
3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023.
4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 05/12/2023.
2.
31689/23
Shatylo v. Ukraine
23/08/2023
Vitaliy Martsinovych SHATYLO
1978
Kyiv
Ukrainian
Kyiv Pre-Trial Detention Facility, 24/05/2023 – pending
1. Appeal of 26/05/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 24/05/2023; decision of the Kyiv Court of Appeal delivered on 20/07/2023.
2. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 06/07/2023; decision of the Kyiv Court of Appeal delivered on 03/08/2023.
3. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 13/09/2023.
4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 05/12/2023.
3.
31711/23
Kryvak v. Ukraine
23/08/2023
Oleksandr Andriyovych KRYVAK
1977
Bar
Ukrainian
Kyiv Pre-Trial Detention Facility, 24/05/2023 – 21/12/2023
1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 07/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023.
2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 13/09/2023.
3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023.
4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 26/12/2023 (the applicant was released on 21/12/2023).
4.
31722/23
Tatskyy v. Ukraine
23/08/2023
Kostyantyn Vladyslavovych TATSKYY
1966
Poltava
Ukrainian
Kyiv Pre-Trial Detention Facility, 01/06/2023 – 21/12/2023
1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023.
2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 14/09/2023.
3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023.
4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 11/01/2024 (the applicant was released on 21/12/23).
5.
31738/23 Vakulenko v. Ukraine
23/08/2023
Ivan Yevgenovych VAKULENKO
1977
Obukhivka
Ukrainian
Kyiv Pre-Trial Detention Facility, 24/05/2023 – 21/12/2023
1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 07/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023.
2. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 05/12/2023.
6.
31741/23 Yurchenko v. Ukraine
23/08/2023
Mykhaylo Borysovych YURCHENKO
1968
Sharovechka
Ukrainian
Kyiv Pre-Trial Detention Facility, 19/05/2023 – pending
1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 06/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023.
2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 14/09/2023.
3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 04/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023.
4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 08/01/2024.