Essence of the decision:
The European Court of Human Rights (ECHR) examined four joined cases against Ukraine concerning unreasonably long pre-trial detention periods. The Court found violations of Article 5 § 3 of the Convention in all cases, where detention periods ranged from 1.5 to over 5.5 years. The Court awarded compensation to the applicants ranging from 1,000 to 3,000 euros plus costs and expenses.
Structure and main provisions:
1. The Court joined four separate applications due to similar subject matter
2. The primary complaint was violation of Article 5 § 3 regarding excessive pre-trial detention
3. The Court based its decision on established case law, particularly Kharchenko v. Ukraine and Ignatov v. Ukraine
4. The Court found specific defects in each case, including:
– Failure to examine alternative restraint measures
– Use of assumptions without evidence regarding risks
– Fragility and repetitiveness of court reasoning
– Lack of due diligence by authorities
Key important provisions:
1. The Court confirmed that Ukraine systematically violates the reasonable time requirement for pre-trial detention
2. The decision identifies specific procedural violations:
– Failure to properly assess personal situations of detainees
– Lack of proper justification for extended detention
– Insufficient examination of alternative measures
3. The Court established specific compensation amounts based on the length and circumstances of each detention
4. The decision requires Ukraine to pay compensation within three months, with interest applicable after that period
The decision reinforces the Court’s position on the necessity to justify pre-trial detention with specific and sufficient reasons, rather than abstract risks or standard formulations.
