Essence of the decision:
The European Court of Human Rights (ECHR) ruled in the case of Berezhna v. Ukraine concerning unlawful detention of the applicant. The Court found violations of Article 5 § 1 of the Convention regarding the unacknowledged deprivation of liberty and delay in drawing up an arrest report. The case also involved issues of excessive length of pre-trial detention and failure to examine alternative measures of restraint.
Structure and main provisions:
1. The Court established that the detention of Olena Petrivna Berezhna was unlawful during the period of March 14-16, 2022.
2. The decision references previous case law, particularly Belozorov v. Russia and Ukraine, Grubnyk v. Ukraine, and Fortalnov and Others v. Russia, regarding unacknowledged deprivation of liberty.
3. The Court found additional violations related to:
– Excessive length of pre-trial detention (from March 14, 2022 onwards)
– Failure to consider alternative measures of restraint
– Lack of due diligence in conducting proceedings during detention
4. The Court awarded EUR 2,500 in non-pecuniary damages to the applicant
Key important provisions:
1. The judgment reinforces that Article 5 is among the fundamental rights protecting physical security of individuals, with paramount importance in preventing arbitrary deprivations of liberty.
2. The Court emphasizes that compliance with national law alone is insufficient – any deprivation of liberty must protect individuals from arbitrariness.
3. The decision establishes that both the initial detention and subsequent pre-trial detention procedures violated the Convention, highlighting the importance of proper documentation of arrest and consideration of alternative measures.
4. The judgment requires Ukraine to pay compensation within three months, with interest applicable in case of delayed payment.
