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You are here: BAILII >> Databases >> European Court of Human Rights >> GOLIMBIYEVSKIY v. UKRAINE - 11673/10 (Judgment : Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention) Violation of Art...) [2017] ECHR 696 (20 July 2017) URL: http://www.bailii.org/eu/cases/ECHR/2017/696.html Cite as: [2017] ECHR 696

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FIFTH SECTION

 

 

 

 

 

 

CASE OF GOLIMBIYEVSKIY v. UKRAINE

 

(Application no. 11673/10)

 

 

 

 

 

 

 

 

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

 

20 July 2017

 

 

 

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

 




In the case of Golimbiyevskiy 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 29 June 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 the date indicated in the appended table.

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 their pre-trial detention. He also raised another complaint under Article 6 of the Convention.

THE LAW

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

5.  The applicant complained principally that his pre-trial detention had been unreasonably long. He relied on Article 5 § 3 of the Convention, which read 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 disclose a breach of Article 5 § 3 of the Convention.

II.  REMAINING COMPLAINT

10.  The applicant also submitted another complaint which raised issues under Article 6 of the Convention, in accordance with the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Merit v. Ukraine (no. 66561/01, 30 March 2004).

III.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

11.  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.”

12.  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.

13.  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 that there has been a violation of Article 6 of the Convention as regards the other complaint raised under well-established case-law of the Court (see appended table);

 

4.  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 20 July 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	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
1.	11673/10 17/02/2010	Aleksey Yuryevich Golimbiyevskiy 06/07/1977	23/09/2004 to 23/12/2005   01/06/2006 to 23/10/2007   11/03/2008 to 18/11/2008   03/03/2009 to 13/04/2010	1 year, 3 months and 1 day   1 year, 4 months and 23 days   8 months and 8 days   1 year, 1 month and 11 days	Art. 6 (1) - excessive length of criminal proceedings: 8 years, 2 months and 21 days 3 levels of jurisdiction	3,600

 

 




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