Published on 22 March 2021

FIFTH SECTION

Application no. 57967/15 Vladyslav Stanislavovych LUKASH against Ukraine lodged on 10 November 2015 communicated on 2 March 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s allegations under Article 5 § 1 of the Convention about being arrested without prior court decision in breach of the requirements of domestic law. On 21 April 2015 the applicant, a police officer at the material time, was arrested at his home by the law-enforcement authorities in the context of the investigation into the Maidan events in Kyiv (see Shmorgunov and Others v. Ukraine , nos. 15367/14 and 13 others, 21 January 2021), which had previously been initiated on 22 January 2014. The relevant arrest report indicated that the applicant had been arrested whilst committing a crime or attempting to commit one, or immediately after a crime has been committed, following the statements of an eyewitness, including the victim, or following an indication of clear signs that the applicant has just committed a crime. The arrest report did not indicate more details explaining the reasons for the arrest of the applicant who, as he states, had been questioned as witness a number of times in the course of the above investigation. On 23 April 2015 the Kyiv Pecherskyi District Court ordered the applicant ’ s detention. On 15 May 2015 the same court dismissed the applicant ’ s complaint about his unlawful arrest. In the course of the investigation, on 2 December 2015, the applicant was released from detention under house arrest. That preventive measure was subsequently replaced by personal commitment not to abscond.

QUESTION TO THE PARTIES

Was the applicant ’ s detention, based on the arrest report of 21 April 2015, in breach of Article 5 § 1 of the Convention (see Strogan v. Ukraine , no. 30198/11, §§ 85-89, 6 October 2016)?