Essence of the decision:
The European Court of Human Rights ruled on the case Martyrosyan v. Ukraine concerning excessive pre-trial detention length. The Court found that Ukraine violated Article 5 § 3 of the Convention by keeping the applicant in pre-trial detention for 3 years, 5 months, and 13 days without sufficient justification. The Court awarded the applicant EUR 2,200 in damages and EUR 250 for costs and expenses.
Structure and main provisions:
The decision follows the standard ECHR judgment structure, addressing the procedure, facts, law, and remedies. The Court based its reasoning on established case law, particularly referencing Kharchenko v. Ukraine and Ignatov v. Ukraine as leading cases. The main violation found was the excessive length of pre-trial detention, with the Court identifying specific defects in the Ukrainian courts’ approach, including:
– Fragility of the reasons for continued detention
– Failure to consider alternative measures of restraint
– Repetitive and weak reasoning as the case progressed
– Lack of diligence in conducting proceedings
Key provisions for use:
1. The judgment reinforces the principle that pre-trial detention must be justified with substantial reasons throughout its duration
2. Courts must actively consider alternative measures to detention
3. The reasoning for continued detention must evolve with the case progression and cannot be repetitive
4. The authorities must conduct proceedings with due diligence to avoid excessive detention periods
5. The specific time period (3 years, 5 months, 13 days) serves as a reference point for what constitutes excessive pre-trial detention in similar cases
