Essence of the decision:
The European Court of Human Rights examined three joined applications from Ukrainian nationals regarding their pre-trial detention related to a terrorist attack investigation in Dnipropetrovsk in 2012. The Court found violations of Article 5 §§ 1 and 3 of the Convention concerning unlawful detention and lack of justification for prolonged pre-trial detention. The case involved allegations of breaches of presumption of innocence and other human rights violations during the investigation of explosions that occurred before UEFA Euro 2012.
Structure and main provisions:
1. The Court found violations regarding two aspects of detention:
– Unlawful detention without court order (Article 5 § 1) for periods between October-November 2012
– Unjustified prolonged pre-trial detention (Article 5 § 3) for periods ranging from 1.7 to 5.7 years
2. The Court rejected complaints regarding presumption of innocence (Article 6 § 2) as inadmissible, finding that:
– Official statements were sufficiently reserved and didn’t name the suspects
– Media coverage couldn’t be directly attributed to state authorities
– Parliamentary statement expressing doubt about applicants’ guilt didn’t violate presumption of innocence
Most important provisions:
1. The Court reaffirmed that keeping defendants in detention without specific legal basis or clear rules is incompatible with principles of legal certainty and protection from arbitrariness.
2. The Court emphasized that while authorities can inform public about ongoing investigations, they must do so with discretion to respect presumption of innocence.
3. The Court awarded compensation for non-pecuniary damage to two applicants (2,300 EUR each) and legal costs to one applicant (1,500 EUR), while rejecting the second applicant’s claims due to procedural reasons.
