The European Court of Human Rights (ECHR) delivered a judgment in the case of Shchegolkov and Others v. Ukraine, concerning four applications against Ukraine regarding excessive length of pre-trial detention. The Court found violations of Article 5 § 3 of the Convention in all cases, determining that the duration of pre-trial detention was unreasonably long. The decision combines four separate applications with similar complaints about pre-trial detention periods ranging from approximately 1.5 to 3.5 years. The Court identified several specific defects in the Ukrainian authorities’ approach, including fragility and repetitiveness of the courts’ reasoning, failure to examine alternative measures, and failure to conduct proceedings diligently. The key provisions of the judgment include:
- Recognition of violations of Article 5 § 3 of the Convention in all four cases
- Additional violations of Articles 6(1) and 13 regarding excessive length of criminal proceedings and lack of effective remedies in some cases
- Award of compensation ranging from 1,100 to 2,800 euros for damages to different applicants
- Requirement for Ukraine to pay costs and expenses of 250 euros in three of the four cases
The most significant aspects of this decision are the Court’s emphasis on the need for proper justification of continued detention, the requirement for courts to consider alternative measures, and the establishment of specific compensation amounts for such violations. The Court referenced its previous decisions in Kharchenko v. Ukraine and Ignatov v. Ukraine as precedents, confirming its established position on similar issues.
