Published on 29 March 2021

FIFTH SECTION

Application no. 71105/14 Yevgen Yuriyovych TSEKHANOVYCH against Ukraine lodged on 27 October 2014 communicated on 9 March 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s allegation under Article 5 § 1 of the Convention that his placement in detention in the context of the criminal charges against him was arbitrary. On 27 August 2014 a police investigator notified the applicant about the suspicion of theft. On 29 August 2014 the applicant appeared before the Kolomyya Local Court to participate in the proceedings aiming to apply the preventive measure; on the same day the court placed him in detention noting as the reasons for its decision that the applicant, who had a previous conviction for theft, was accused of a serious crime and might flee from and hinder the investigation or continue with his criminal activities. The court did not provide specific details explaining its decision. On 5 September 2014 that decision was upheld by the Ivano-Frankivsk Regional Court of Appeal.

QUESTION TO THE PARTIES

Was the applicant deprived of his liberty on 29 August 2014 in breach of Article 5 § 1 of the Convention, regard being had to the reasonableness of the grounds given to justify his detention (see, e.g., Khayredinov v. Ukraine , no. 38717/04 , §§ 27-31, 14 October 2010)?