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GAL v. UKRAINE

Doc ref: 6759/11 • ECHR ID: 001-112398

Document date: July 3, 2012

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GAL v. UKRAINE

Doc ref: 6759/11 • ECHR ID: 001-112398

Document date: July 3, 2012

Cited paragraphs only

FIFTH SECTION

Application no . 6759/11 Oleksandr Arkadiyovych GAL against Ukraine lodged on 19 January 2011

The facts and complaints in this case have been summarised in the Court ’ s partial decision on admissibility, which is available in HUDOC.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant ’ s detention without a court order after initial seventy-two hours of his detention, that is between 14.45 and 16.00 on 8 November 2010, contrary to the domestic law?

2. Was the applicant ’ s detention between 8 and 15 November 2010 free from arbitrariness and based on clear and foreseeable domestic law?

3. Was the applicant ’ s detention between 15 November and 29 December 2010 in compliance with Article 5 § 1 of the Convention?

4. What were the legal grounds for holding the applicant in custody between 5 February and 25 March 2011?

5. Was the applicant brought promptly before a judge or other officer authorised by law to exercise judicial power, as required by Article 5 § 3 of the Convention?

6. Was the procedure by which the applicant sought to challenge the lawfulness of his pre-trial detention in conformity with Article 5 § 4 of the Convention? In particular, was the review prompt?

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