FIFTH SECTION

CASE OF LEONTYEV AND OTHERS v. UKRAINE

(Applications nos. 5216/16 and 2 others –

see appended list)

JUDGMENT

STRASBOURG

19 October 2023

This judgment is final but it may be subject to editorial revision .

In the case of Leontyev and Others v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

Carlo Ranzoni , President , Lado Chanturia, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 28 September 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Ukrainian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the excessive length of their pre-trial detention. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention.

7. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000 ‑ XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006 ‑ X, with further references).

8. In the leading cases of Kharchenko v. Ukraine (no. 40107/02, 10 February 2011) and Ignatov v. Ukraine (no. 40583/15, 15 December 2016), the Court already found a violation in respect of issues similar to those in the present case.

9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants’ pre-trial detention was excessive.

10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

11. In applications nos. 5216/16 and 30701/21 the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in the cases set out in the appended table.

12. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Ignatov, cited above), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 19 October 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Carlo Ranzoni

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of detention

Length of detention

Specific defects

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

5216/16

28/12/2015

Dmytro Ivanovych LEONTYEV

1986Pustyntsev Andriy Vitaliyovych

Dnipro

20/02/2014 to

03/12/2015

1 year and 9 months and 14 days

fragility of the reasons employed by the courts;

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention ( Tymoshenko v. Ukraine , no. 49872/11, §§ 286-87,

30 April 2013 and Kotiy v. Ukraine , no. 28718/09, § 55, 5 March 2015).

1,600

250

51731/18

29/10/2018

Stanislav Fedorovych DENYSYUK

1958Aparina Tetyana Volodymyrivna

Brovary

24/05/2017 to

08/11/2018, including the period from 22/05/2018

to 08/11/2018 of full-time house arrest

1 year and 5 months and 16 days

fragility of the reasons employed by the courts;

failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice

1,000

250

30701/21

01/06/2021

Igor Oleksandrovych MAKHORTOV

1977

24/04/2020 to

05/05/2021

1 year and 12 days

failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention; fragility and repetitiveness of the reasoning employed by the courts as the case progressed;

failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice.

Art. 5 (4) - excessive length of judicial review of detention - The applicant’s appeal lodged on 28/10/2020 against the Prymorskyy Local Court of Odesa’s ruling of 23/10/2020 on extension of detention for 60 days was examined by the Mykolaiv Court of Appeal on 08/02/2021 ( Kharchenko v. Ukraine , no. 40107/02, §§ 84-87, 10 February 2011).

900-

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.