Communicated on 6 September 2018
FOURTH SECTION
Application no. 72192/12
Viktor Viktorovych VYSHNEVSKYY against Ukraine
and 30 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applications principally concern the alleged unlawfulness of the applicants’ detention awaiting the determination of the criminal charges brought against them, in particular with a view of the fact that the decisions of the domestic courts authorising their detention were not based on relevant and sufficient reasons. Some of the applications, as specified in the appendix, also raise the following issues: the alleged overcrowding and poor conditions of the applicants’ detention, the alleged breach of the procedure for the applicants’ arrest, the alleged absence of a court decision authorising their detention on certain periods, the allegedly unreasonable duration of the applicants’ detention, the alleged lack of speedy and thorough review of the lawfulness of their detention, the alleged absence of a right to compensation for the applicants’ unlawful deprivation of liberty and/or detention, and the allegedly unreasonable duration of the criminal proceedings against them.
QUESTIONS tO THE PARTIES As regards all the applications
Was the applicants’ detention during the respective periods as specified in the appendix free from arbitrariness and based on sufficient reasons for the purposes of Article 5 § 3 of the Convention? Was it compatible with the “reasonable time” requirement of the same provision (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)?
ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 5353/14, 54053/14 AND 25353/16
Did the material conditions of the applicants’ detention during the respective periods as specified in the appendix amount to a breach of Article 3 of the Convention (see Muršić v. Croatia [GC], no. 7334/13, §§ 96-141, ECHR 2016)?
ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 72192/12, 7473/13, 10417/14 and 31184/16
Was the applicants’ deprivation of liberty during the respective periods as specified in the appendix lawful within the meaning of Article 5 § 1 of the Convention (see Rudenko v. Ukraine, no. 50264/08, §§ 66-70, 17 April 2014 and Chanyev v. Ukraine, no. 46193/13, §§ 29-31, 34, 9 October 2014)?
ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 72209/13 and 68678/17
Were the applicants’ arrests on the respective dates as specified in the appendix free from arbitrariness and based on sufficient reasons for the purposes of Article 5 § 1 of the Convention (see Grinenko v. Ukraine, no. 33627/06, § 83, 15 November 2012, Korneykova v. Ukraine, no. 39884/05, § 34, 19 January 2012 and Makarenko v. Ukraine, no. 622/11, §§ 73-76, 30 January 2018)?
ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 17955/13, 68671/13, 5353/14, 10417/14, 31184/16, 35638/17, 67581/17, 68678/17 and 82724/17
Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention on remand during trial, as required by Article 5 § 4 of the Convention (see Kharchenko v. Ukraine, no. 40107/02, §§ 84-87, 10 February 2011)?
ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 73451/13, 54053/14, 16561/16, 19635/16, 25907/16, 44349/16 and 68678/17
Did the applicants have an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, 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 applications nos. 17955/13, 68671/13, 24477/15, 43692/15, 31184/16, 35638/17, 84326/17, 1838/18
Was the length of the criminal proceedings in the above cases 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)?
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Representative
Period of detention complained of
Additional complaints to be communicated
72192/12,
17/10/2012
Viktor Viktorovych VYSHNEVSKYY
09/03/1970
Oleksandrivka
Ukrainian
Represented by
Tetyana Anatoliyivna VYSHNEVETSKA
27/09/11-17/12/12
Detention on remand between 27/01/12 and 09/02/12 not covered by a court decision
7473/13,
09/01/2013
Aleksandr Nikolayevich KIRYANENKO
09/01/1983
Energodar
Ukrainian
09/09/11-09/07/14
Detention on remand between 23/02/12 and 04/04/12 not covered by a court decision
17955/13,
01/03/2013
Sergiy Vasylyovych BEVZ
10/02/1983
Kyiv
Ukrainian
Represented by
Dmytro Sergiyovych LOSHAKOV
25/08/11-24/02/14
Length of pre-trial detention (2 years and 4 months); Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (6 years and 3 months before two instances, pending as of 28/11/2017)
63542/13,
26/09/2013
Yuriy Viktorovich LAVRIK
16/11/1969
Kherson
Russian
09/02/13-20/07/16
68671/13,
23/10/2013
Vasyl Fedorovych KURASOV
20/09/1975
Kyiv
Ukrainian
Represented by
Artem Viktorovych FEDOSIN
17/05/13-11/11/14
Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (4 years and 11 months before two instances, pending as of 10/04/2018)
72209/13,
11/11/2013
Yuriy Ivanovych DESHKO
13/08/1962
Storozhnytsya
Ukrainian
Represented by
Olena Mykolayivna KLYMENKO
20/05/13-21/05/14
Arrest on 20 May 2013 in breach of the procedure prescribed by the law
73451/13,
14/11/2013
Oleksandr Vasylyovych TYMCHENKO
04/01/1978
Solone
Ukrainian
07/03/13-19/11/15
Length of pre-trial detention (2 years and 8 months); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
5353/14,
18/12/2013
Oleksiy Volodymyrovych BORZYKH
18/05/1981
Bila Tserkva
Ukrainian
08/08/11-17/09/13
Overcrowding and poor material conditions of detention between 15/09/11 and 27/05/14; Length of pre-trial detention (2 years and 1 month); Absence of an effective procedure to challenge the lawfulness of detention on remand
10417/14,
13/01/2014
Vasyl Igorovych SOKIL
12/03/1980
Chervonograd
Ukrainian
Represented by
Yuriy Volodymyrovych OGORILKO
07/02/13-22/07/14
Detention on remand between 22/05/13 and 10/06/13 not covered by a court decision; Absence of an effective procedure to challenge the lawfulness of detention on remand
11237/14,
22/01/2014
Dmytro Fedorovych ABGASH
09/10/1994
Orlivka
Ukrainian
Represented by
Dmytro Spyrydonovych ZLATI
18/04/13-11/02/14
20415/14,
03/03/2014
Artur Petrovych PASEKA
06/08/1989
Odesa
Ukrainian
Represented by
Oleksandr Oleksandrovych BULGAROV
31/07/13-26/05/14
54053/14,
28/08/2014
Andriy Vitaliyovych PUSTYNTSEV
24/03/1980
Pyatykhatky
Ukrainian
Represented by
Oleksandr Anatoliyovych IGNATOV
01/03/12-04/04/14
Overcrowding and poor material conditions of detention between 04/09/2013 and 05/11/2014; Length of pre-trial detention (1 year and 3 months); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
16672/15,
27/03/2015
Sergiy Mykolayovych SKUZ
08/02/1985
Kyiv
Ukrainian
Represented by
Vira Volodymyrivna MYKHAYLENKO
25/11/13-02/02/15
24477/15,
30/04/2015
Igor Mykhaylovych STADNYK
16/07/1984
Lviv
Ukrainian
Represented by
Ruslana Ivanivna YUKHYMENKO
27/12/13-21/12/15
Length of proceedings (2 years and 4 months before 1 instance)
24962/15,
30/04/2015
Ivan Bogdanovych KRUTIY
20/02/1981
Lviv
Ukrainian
Represented by
Ruslana Ivanivna YUKHYMENKO
11/12/13-21/12/15
Length of pre-trial detention (2 years and 10 days)
43692/15,
19/08/2015
Yaroslav Mykolayovych DAVYDENKO
17/05/1987
Kropyvnytskyy
Ukrainian
Represented by
Oleksandr Mykolayovych KUSHNIROV
15/09/14-16/12/16
Length of pre-trial detention (2 years and 3 months); Length of proceedings (3 years and 7 months before 1 instance, pending as of 05/04/2018)
3649/16,
06/01/2016
Anastasiya Oleksandrivna LEONOVA
12/02/1982
Kyiv
Russian
Represented by
Oleksandr Oleksandrovych LAPIN
10/12/15-04/03/16,
15/03/16-17/05/16
16561/16,
17/03/2016
Mykola Ivanovych DUBYNA
04/04/1956
Orikhiv
Ukrainian
Represented by
Oleksandr Anatoliyovych IGNATOV
09/07/14-08/02/16
Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
19635/16,
17/03/2016
Oleksandr Mykolayovych DUBYNA
24/07/1990
Orikhiv
Ukrainian
Represented by
Oleksandr Anatoliyovych IGNATOV
09/07/14-08/02/16
Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
25353/16,
10/04/2016
Ruslan Mykhaylovych NAUMENKO
17/03/1978
Dnipropetrovsk
Ukrainian
Represented by
Oleksandr Anatoliyovych IGNATOV
22/09/15-19/11/15
Overcrowding and poor material conditions of detention between 22/09/15 and 19/11/15
25907/16,
10/04/2016
Oleg Petrovych PETROV
14/03/1975
Synelnykove
Ukrainian
Represented by
Oleksandr Anatoliyovych IGNATOV
15/03/14-17/06/18, pending
Length of pre-trial detention (4 years, pending as of 11/12/2017); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
31184/16,
20/05/2016
Sergiy Volodymyrovych ORLOV
09/11/1968
Dnipropetrovsk
Ukrainian
Represented by
Myroslava Volodymyrivna DYOMINA
28/12/14-04/11/16, pending
Detention on remand between 22/12/15 and 05/01/16 not covered by a court decision; Length of pre-trial detention (1 year and 8 months, pending as of 02/11/2016); Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (4 years and 8 months before two instances, pending as of 02/11/2016)
43478/16,
11/07/2016
Kuzma Yuriyovych IVANOV
31/07/1976
Odesa
Ukrainian
Represented by
Maryanna Mykolayivna GOLOTOVA
16/12/15-14/01/17, pending
44349/16,
11/07/2016
Yevgen Yuriyovych SHUGALIY
28/01/1992
Dniprodzerzynsk
Ukrainian
Represented by
Oleksandr Anatoliyovych IGNATOV
21/01/15-15/04/16
Length of pre-trial detention (1 year and 3 months); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
8967/17,
18/01/2017
Gennadiy Viktorovych KHAMRAYEV
13/08/1980
Dnipro
Russian
Represented by
Vyacheslav Yuriyovych MATSEPURA
19/05/16-13/12/16, pending
35638/17,
24/11/2017
Dmytro Volodymyrovych BORODIN
21/12/1971
Uzhgorod
Ukrainian
Represented by
Mykhaylo Ivanovych SUBOTA
10/08/12-09/06/17
Length of pre-trial detention (2 years and 7 months); Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (5 years and 4 months before three instances, pending before the trial court as of 11/12/2017)
67581/17,
30/08/2017
Lev Yuriyovych VORONIN
20/10/1963
Kyiv
Ukrainian
06/04/17-29/09/17, pending
Absence of an effective procedure to challenge the lawfulness of detention on remand
68678/17,
04/09/2017
Mylan Yuriyovych SIDAK
15/11/1982
Shevchenkove
Ukrainian
Represented by
Kostyantyn Kostyantynovych DOROSHENKO
15/03/16-15/09/17, pending
Arrest on 15/03/16 in breach of the procedure prescribed by the law; Length of pre-trial detention (1 year and 6 months); Absence of an effective procedure to challenge the lawfulness of detention on remand; Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5
82724/17,
23/11/2017
Mykola Igorovych MINAYEV
16/10/1969
Uzhgorod
Ukrainian
Represented by
Mykhaylo Ivanovych SUBOTA
22/05/17-19/12/17, pending
Absence of an effective procedure to challenge the lawfulness of detention on remand
84326/17,
12/12/2017
Yuriy Vadymovych ZHALYLO
04/08/1983
Poltava
Ukrainian
Represented by
Roman Oleksandrovych KABALSKYY
11/02/13-26/06/17
Length of pre-trial detention (4 years and 4 months); Length of proceedings (5 years and 2 months before one instance, pending as of 31/05/2018)
1838/18,
21/12/2017
Igor Anatoliyovych KUNYK
26/08/1971
Khrystynivka
Ukrainian
Represented by
Andriy Anatoliyovych KRISTENKO
02/09/14-10/02/18, pending
Length of pre-trial detention (3 years and 5 months, pending as of 21/12/2017);
Length of proceedings (3 years and 5 months before one instance, pending as of 10/02/2018)
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