Published on 6 April 2021
FIFTH SECTION
Application no. 47515/13
Oleksandr Oleksiyovych SHAKHOV against Ukraine
and 6 other applications
(see list appended)
communicated on 18 March 2021
SUBJECT MATTER OF THE CASE
The applications principally concern the applicants’ allegations under Article 5 § 3 of the Convention that the domestic courts, when ordering or extending the applicants’ detention on remand, did not provide sufficient reasoning for that detention and, in particular, set an amount for bail which was excessive and disproportionate to their financial situation.
Some of the applications, as specified in the appendix, also raise the following issues: the alleged unlawfulness of the applicants’ arrest by the law-enforcement bodies or by the court, the allegedly unreasonable duration of the applicants’ detention, the alleged absence of a right to compensation for the applicant’s unlawful deprivation of liberty, and the allegedly unreasonable duration of the criminal proceedings against the applicant.
QUESTION TO THE PARTIES AS REGARDS ALL THE APPLICATIONS
Was the applicants’ pre-trial detention free from arbitrariness and based on sufficient reasons for the purposes of Article 5 § 3 of the Convention (see, for instance, Buzadji v. the Republic of Moldova [GC], no. 23755/07, §§ 84 et seq., ECHR 2016 (extracts) and Ignatov v. Ukraine, no. 40583/15, §§ 34-37, 15 December 2016)? In particular, was the amount of bail set in accordance with the above provision (see Mangouras v. Spain [GC], no. 12050/04, §§ 78-81, ECHR 2010)?
ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 9655/18
Was the applicant’s detention, based on the arrest report of 24 May 2017, in breach of Article 5 § 1 of the Convention (see Strogan v. Ukraine, no. 30198/11, §§ 85-89, 6 October 2016)?
ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 18336/19
Was the applicant deprived of his liberty on 19 February 2019 in breach of Article 5 § 1 of the Convention, regard being had to the reasonableness of the grounds given by the court to justify his detention (see, e.g., Khayredinov v. Ukraine, no. 38717/04, §§ 27-31, 14 October 2010)?
ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATIONS NOS. 47515/13 and 74633/17
Was the applicants’ detention compatible with the “reasonable time” requirement as provided by Article 5 § 3 of the Convention? (see, for instance, and Ignatov v. Ukraine, no. 40583/15, § 40, 15 December 2016)?
ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 43254/18
Did the applicant have an effective and enforceable right to compensation for alleged violation of Article 5 § 3, 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)?
ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 47515/13
Was the length of the criminal proceedings in the above case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see, for example, Merit v. Ukraine, no. 66561/01, § 72, 30 March 2004)?
APPENDIX
No.
Application no.
Lodged on
Applicant
Year of birth
Place of residence
Nationality
Represented by
Court decision determining the bail
Additional complaints to be communicated
1
47515/13
08/07/2013
Oleksandr Oleksiyovych SHAKHOV
1971
Kyiv
Russian
Viktor Viktorovych GRYTSYUK
Podilskyi District Court of Kyiv of 28 February 2013
Article 5 § 3 – excessive length of pre-trial detention (from 9 October 2008 to 11 April 2016)
Article 6 § 1 – unreasonable length of the criminal proceedings against the applicant (pending since February 2006, approximately 15 years in 1 instance)
2
37822/16
17/06/2016
Vyacheslav Yuriyovych ZAIKIN
1981
Mostyska
Ukrainian
Valeriy Stepanovych MATSEPURA
Shevhenkivskyi District Court of Lviv of 11 February 2016, as amended by the Lviv Regional Court of Appeal on 19 February 2016
3
74633/17
10/10/2017
Andriy Mykolayovych SURZHAN
1985
Syevyerodonetsk
Ukrainian
Nataliya Gennadiyivna OKHOTNIKOVA
Rubizhne Local Court of 10 October 2015
Article 5 § 3 – excessive length of pre-trial detention (from 8 October 2015 to 13 April 2017)
4
9655/18
12/02/2018
Igor Grygorovych BONDARENKO
1966
Kyiv
Ukrainian
Oleksandr Leonidovych DULSKYY
Pecherskyi District Court of Kyiv of 25 May 2017
Article 5 § 1 – arrest on 24 May 2017 without prior court decision in breach of the requirements of domestic law
5
13754/18
12/03/2018
Yaroslav Aleksandrovich GULYY
1986
Dnipro
Ukrainian
Oksana Vladimirovna PREOBRAZHENSKAYA
Zhovtnevyi District Court of Dnipropetrovsk of 8 September 2017, as amended by the Dnipropetrovsk Regional Court of Appeal on 15 September 2017
6
43254/18
28/08/2018
Mylan Yuriyovych SIDAK
1982
Shevchenkove
Ukrainian
Kostyantyn Kostyantynovych DOROSHENKO
Obolonskyi District Court of Kyiv of 2 April 2018
Article 5 § 5 – absence of an effective and enforceable right to compensation for alleged violation of Article 5 § 3 as required by Article 5 § 5
7
18336/19
18/03/2019
Oleksiy Anatoliyovych OMELYANENKO
1973
Kyiv
Ukrainian
Oleksandr Leonidovych DULSKYY
Pecherskyi District Court of Kyiv of 19 February 2019
Article 5 § 1 – arrest by the court on 19 February 2019 without relevant justification
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