The European Court of Human Rights (ECHR) delivered a judgment concerning three applications against Ukraine regarding unlawful detention. The cases involved Igor Trapeznikov, Roman Nasirov, and Borys Kaufman, who complained about violations of Article 5 § 1 of the Convention (right to liberty and security).The Court found violations of Article 5 § 1 in all three cases, primarily due to detention without proper court orders and exceeding the legal time limits for detention. The judgment specifically addresses:
- Trapeznikov’s case: detention without court order exceeding 72 hours (May 23-26, 2011)
- Nasirov’s case: unlawful detention from March 2-5, 2017
- Kaufman’s case: unlawful detention from December 5-7, 2022
The Court awarded compensation for non-pecuniary damage ranging from 1,800 to 2,600 euros per applicant, plus 250 euros for costs and expenses in each case. Additional violations were found in Trapeznikov’s case (lack of reasons for detention and inadequate compensation) and Nasirov’s case (improper treatment in courtroom by placing him in a cage while on a medical stretcher).The judgment emphasizes that compliance with national law alone is not sufficient; any deprivation of liberty must protect individuals from arbitrariness. The Court referenced its established case-law, particularly the cases of Strogan v. Ukraine and Grubnyk v. Ukraine, regarding the illegality of arrests without prior court decisions.
