Lexploria

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 CASE S

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.

QUESTION S 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)

Menu

VYSHNEVSKYY v. UKRAINE and 30 other applications

VYSHNEVSKYY v. UKRAINE and 30 other applications

LEXI