Published on 3 May 2021
FIFTH SECTION
Application no. 13511/15
Denys Oleksandrovych TYMOFEYEV against Ukraine
and 5 other applications
(see list appended)
communicated on 12 April 2021
SUBJECT MATTER OF THE CASE
The applicants were accused of terrorism and national security-related offences. The domestic courts, in placing them in pre-trial detention or in extending their detention, relied in part on Article 176 § 5 of the Code of Criminal Procedure which at the time provided that non-custodial preventing measures such as bail could not be applied to defendants suspected of or charged with certain terrorism and national security-related offences (see Grubnyk v. Ukraine, no. 58444/15, 17 September 2020).
They complain, invoking Article 5 §§ 1, 3 and 4 of the Convention, that, in particular because of the reliance on the above-mentioned domestic provision, the domestic courts failed to give relevant and sufficient reasons for their detention, consider alternatives to detention and that their detention was excessively lengthy.
QUESTIONS TO THE PARTIES
Was there a breach of Article 5 § 3 of the Convention in the applicants’ cases? In particular:
(i) did the courts provide relevant and sufficient reasons for the applicants’ detention?
(ii) was the domestic courts’ reliance on Article 176 § 5 of the Code of Criminal Procedure in the applicants’ cases compatible with the requirements of Article 5 § 3 of the Convention?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1
13511/15
Tymofeyev v. Ukraine
03/03/2015
Denys Oleksandrovych TYMOFEYEV
1983
Dnipropetrovsk
Ukrainian
Oleksandr Gennadiyovych POSTERNAK
2
41891/15
Smagina v. Ukraine
17/08/2015
Yuliya Aleksandrovna SMAGINA
1990
Stara Pokrovka
Ukrainian
Oleksandr Sergiyovych SHADRIN
3
59909/15
Vladimirov v. Ukraine
30/10/2015
Roman Valeryevich VLADIMIROV
1979
Rubezhnoye
Ukrainian
Dmitriy Anatolyevich TIKHONENKOV
4
43251/16
Glazkov v. Ukraine
13/07/2016
Roman Ivanovich GLAZKOV
1992
Lysychansk
Ukrainian
Sergey Sergeyevich MEDVEDEV
5
43253/16
Burchenkov v. Ukraine
10/07/2016
Artyr Viktorovich BURCHENKOV
1996
Lysychansk
Ukrainian
Sergey Sergeyevich MEDVEDEV
6
64557/16
Medyanyk v. Ukraine
24/10/2016
Volodymyr Yuriyovych MEDYANYK
1970
Kyiv
Ukrainian
Andriy Anatoliyovych KRISTENKO
Full & Egal Universal Law Academy