Published on 5 July 2021
FIFTH SECTION
Applications nos. 31717/15 and 31724/15
Mykola Mykolayovych NADTOCHIY against Ukraine
and Volodymyr Valeriyovych POLOVYAN against Ukraine
lodged on 20 June 2015 and 20 June 2015 respectively
communicated on 14 June 2021
SUBJECT MATTER OF THE CASE
The applications concern the complaints, raised in substance under Article 5 § 4 of the Convention, about a breach of procedural guarantees in the course of the extension of the pre-trial detention of the applicants who are co-accused within the same proceedings, by the Svitlovodsk Local Court of Kirovohrad Region on 1 April 2015. The applicants complain that the court held a hearing in the presence of a prosecutor but in the absence of their defence counsels who had not been informed about that hearing, and in the absence of the applicants who refused to participate in the proceedings by video-conference without their defence counsels.
QUESTION TO THE PARTIES
Did the proceedings concerning the extension of the applicants’ detention on 1 April 2015, which were held in the presence of a prosecutor and in the absence of the applicants and their defence counsels, comply with the requirements of Article 5 § 4 of the Convention?
APPENDIX
No.
Application no.
Applicant
Year of Birth
Place of Residence
Nationality
1.
31717/15
Mykola Mykolayovych NADTOCHIY
1971
Kirovograd
Ukrainian
2.
31724/15
Volodymyr Valeriyovych POLOVYAN
1966
Kryvyy Rig
Ukrainian
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