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 c ommunicated 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