Essence of the decision:
The European Court of Human Rights (ECHR) ruled in the case of Gnezdov v. Ukraine concerning unlawful detention of the applicant. The Court found a violation of Article 5 § 1 of the Convention due to arbitrary detention without proper justification and delayed release. The Court awarded the applicant EUR 2,600 in non-pecuniary damages.
Structure and main provisions:
1. The case concerns two periods of unlawful detention:
– From 26/02/2011 to 24/04/2011: arbitrary detention without proper time limits and justification
– From 24/04/2011 to 26/04/2011: delayed release from detention
2. The Court based its decision on two key precedents:
– Ladent v. Poland regarding the requirement for proper justification of detention
– Ruslan Yakovenkov v. Ukraine concerning the issue of delayed release
3. The Court found the complaints regarding unlawful detention admissible while declaring the remainder of the application (under Article 3) inadmissible.
Most important provisions:
1. The Court reaffirmed that Article 5 is among the fundamental rights protecting physical security, emphasizing its paramount importance in preventing arbitrary deprivations of liberty.
2. The decision establishes that compliance with national law alone is insufficient – any detention must protect individuals from arbitrariness.
3. The Court specified that detention must have:
– Clear time limits
– Proper justification
– Timely release when detention period expires
4. The ruling reinforces that Ukrainian authorities must provide specific grounds for detention and ensure immediate release when detention periods end.
