Here’s a breakdown of the European Court of Human Rights’ decision in the case of Nedybalyuk v. Ukraine:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 5 § 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms due to deficiencies in the proceedings for reviewing the lawfulness of Mr. Nedybalyuk’s detention. The court highlighted the lack of speediness in the review process, referencing a similar previous case against Ukraine (Kharchenko v. Ukraine). As a result, the Court awarded the applicant 500 euros in respect of non-pecuniary damage.
2. **Structure and Main Provisions:**
* **Procedure:** The judgment starts by outlining the case’s origin, noting that the application was lodged against Ukraine on May 17, 2025.
* **Facts:** It refers to an appended table for the applicant’s details and relevant information.
* **Law:** The core of the judgment focuses on the alleged violation of Article 5 § 4, which guarantees the right to a speedy review of the lawfulness of detention.
* The Court reiterates established principles, citing previous case law (Lietzow v. Germany, Fodale v. Italy) that while a second level of jurisdiction isn’t mandatory, if a state institutes such a system, the same guarantees must be provided as at first instance.
* The Court refers to its previous finding of a violation in Kharchenko v. Ukraine, a similar case.
* **Application of Article 41:** The Court awards the applicant 500 euros for non-pecuniary damage, referring to its case-law (Oravec v. Croatia).
* **Decision:** The Court unanimously declares the application admissible, holds that there has been a breach of Article 5 § 4, and orders Ukraine to pay the applicant the specified amount within three months, with interest accruing thereafter.
* **Appendix:** A table provides details of the application, including the applicant’s name, dates of detention orders, court decisions, and the amount awarded.
3. **Main Provisions for Use:**
* **Violation of Article 5 § 4:** The core finding is that Ukraine violated Article 5 § 4 due to a lack of speediness in reviewing the lawfulness of the applicant’s detention.
* **Reference to Kharchenko v. Ukraine:** The judgment explicitly references the Kharchenko case, indicating a pattern of similar violations in Ukraine.
* **Compensation:** The award of 500 euros provides a benchmark for compensation in similar cases involving deficiencies in detention review proceedings.
* **Delays in Appeal Process:** The decision highlights the issue of delays in the appellate court’s examination of appeals against detention orders.
* **** This decision may be relevant for Ukrainian citizens who have experienced similar delays in the review of their detention, as it reinforces their right to a speedy review process under Article 5 § 4 of the Convention.
