The European Court of Human Rights (ECHR) delivered a judgment in the case of Bagatyy v. Ukraine concerning the unlawful detention of the applicant. The Court found that Ukraine violated Article 5 § 3 of the Convention due to the lack of relevant and sufficient reasons for the applicant’s pre-trial detention during the period from August 2023 to June 2024.The decision is structured around three main components: the procedural aspects, the assessment of the alleged violation of Article 5 § 3, and the application of Article 41 regarding just satisfaction. The Court referred to its established case-law, particularly the Buzadji v. Moldova and Korban v. Ukraine cases, to support its findings.The key provisions of the judgment include:
- The Court emphasized that the persistence of reasonable suspicion alone is insufficient to justify continued detention after a certain period
- National authorities must provide relevant and sufficient reasons for detention from the very first decision ordering detention on remand
- Courts are obliged to consider alternative measures for ensuring the person’s appearance at trial
- The Court awarded the applicant 2,000 euros in non-pecuniary damage and 250 euros for costs and expenses
