Published on 22 November 2021

FIFTH SECTION

Application no. 62818/16 Ivan Andriyovych PADAGUTS against Ukraine lodged on 24 October 2016 communicated on 3 November 2021

SUBJECT MATTER OF THE CASE

The application concerns the complaint, raised in substance under Article 5 § 4 of the Convention, about a breach of procedural guarantees in the course of the extension of the applicant’s pre-trial detention by the Ordzhonikidze Local Court of Dnipropetrovsk Region on 23 July 2016. The applicant complains that the court held a hearing in the presence of a prosecutor but in the absence of his defence counsel who had allegedly not been informed about that hearing, and in the absence of the applicant who refused to participate in the proceedings by video-conference without his defence counsel.

QUESTION TO THE PARTIES

Did the proceedings concerning the extension of the applicant’s detention on 23 July 2016, which were held in the presence of a prosecutor and in the absence of the applicant and his defence counsel, comply with the requirements of Article 5 § 4 of the Convention?