The European Court of Human Rights issued a judgment in the case of Kovalevskyy v. Ukraine, concerning deficiencies in proceedings for review of the lawfulness of detention. The applicant complained about the violation of Article 5 § 4 of the Convention, which guarantees the right to a speedy review of the lawfulness of detention. The Court found that there had been a breach of Article 5 § 4 of the Convention due to the lack of speediness in the review process, referencing a similar previous case against Ukraine, Kharchenko v. Ukraine. As a result, the Court declared the application admissible and awarded the applicant 500 euros for non-pecuniary damage and 250 euros for costs and expenses.
The structure of the decision includes a procedural overview, outlining the application’s origin and the parties involved. It then presents the facts of the case, followed by the legal analysis regarding the alleged violation of Article 5 § 4 of the Convention. The Court refers to its established case-law, particularly the Kharchenko v. Ukraine case, to support its finding of a violation. Finally, it addresses the application of Article 41 of the Convention, concerning just satisfaction, and specifies the amounts to be paid to the applicant. There are no indications of changes compared to previous versions in the provided text.
**** The main provision of this decision is the reaffirmation of the importance of a speedy review of the lawfulness of detention, as guaranteed by Article 5 § 4 of the Convention. The reference to the Kharchenko v. Ukraine case highlights a recurring issue within the Ukrainian legal system regarding the efficiency of detention review proceedings. This decision underscores the obligation of the Ukrainian State to ensure that individuals deprived of their liberty have access to a swift and effective judicial review of their detention.
