European Court of Human Rights

 

 

 

FIFTH SECTION

 

 

 

CASE OF BARSKYY v. UKRAINE

(Application no. 62947/16)

 

 

 

 

 

 

 

 

JUDGMENT

 

 

STRASBOURG

 

28 September 2017

 

 

 

 

 

 

This judgment is final but it may be subject to editorial revision.

 

 




In the case of Barskyy v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

          Nona Tsotsoria, President,
          Gabriele Kucsko-Stadlmayer,
          Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 7 September 2017,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 20 October 2016.

2.  The application was communicated to the Ukrainian Government (“the Government”).

THE FACTS

3.  The relevant details of the application are set out in the appended table.

4.  The applicant complained of the excessive length of his pre-trial detention.

THE LAW

I.  ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

5.  The applicant complained that his pre-trial detention had been unreasonably long. He relied on Article 5 § 3 of the Convention, which reads as follows:

Article 5 § 3

“3.  Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

6.  The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000-XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006-X, with further references).

7.  In the leading case of Kharchenko v. Ukraine, (no. 40107/02, 10 February 2011), the Court already found a violation in respect of issues similar to those in the present case.

8.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of this complaint. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicant’s pre-trial detention was excessive.

9.  This complaint is therefore admissible and discloses a breach of Article 5 § 3 of the Convention.

II.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

10.  Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

11.  Regard being had to the documents in its possession and to its case-law, the Court considers it reasonable to award the sum indicated in the appended table.

12.  The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.  Declares the application admissible;

 

2.  Holds that it discloses a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;

 

3.  Holds

(a)  that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 28 September 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

        Liv Tigerstedt                                                                Nona Tsotsoria
Acting Deputy Registrar                                                            President

 




APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

No.	Application no. Date of introduction	Applicant name Date of birth	Period of detention	Length of detention	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
1.	62947/16 20/10/2016	Oleksandr Vitaliyovych Barskyy 23/06/1969	09/04/2015 to 20/07/2016	1 year, 3 months and 12 days	800

 

 




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[1]  Plus any tax that may be chargeable to the applicant.