Essence of the decision:
The European Court of Human Rights (ECHR) examined the case of Tymoshenko v. Ukraine concerning deficiencies in proceedings for reviewing the lawfulness of detention. The applicant’s son continued the case after his father’s death in August 2023. The Court found Ukraine in violation of Article 5 § 4 of the Convention due to lack of speediness in reviewing detention orders.
Structure and main provisions:
1. The Court first addressed the locus standi issue, confirming Mr. Oleksandr Tymoshenko’s right to pursue the application on behalf of his deceased father.
2. The main focus was on Article 5 § 4 violations, specifically examining whether Ukraine provided adequate and speedy review of detention orders.
3. The Court referenced the Kharchenko v. Ukraine case as a leading precedent for similar violations.
4. The decision concluded with a monetary award of 500 euros in non-pecuniary damages to be paid by Ukraine to the applicant.
Key important provisions:
1. The Court reaffirmed that detained persons are entitled to a review of both procedural and substantive conditions of their detention’s lawfulness.
2. While states are not required to establish a second level of jurisdiction for examining detention lawfulness, if they do, they must provide the same guarantees as at first instance.
3. The Court found that the time taken by Ukrainian courts to review detention orders (ranging from several weeks to months) violated the requirement for speedy review under Article 5 § 4.
4. The judgment establishes another precedent regarding Ukraine’s systematic issues with detention review procedures, following the pattern identified in the Kharchenko case.
