FIFTH SECTION
\nCASE OF BURLIY v. UKRAINE
\n(Application no. 62229\/12)
\nJUDGMENT
\nSTRASBOURG
\n15 April 2021<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Burliy v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n Ivana Jeli\u0107, President, Having deliberated in private on 25 March 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/p>\n 1. The case originated in an application against Ukraine lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 30 July 2012.<\/p>\n 2. The Ukrainian Government (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n THE FACTS<\/p>\n 3. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 4. The applicant complained of the excessive length of his pre-trial detention. He also raised other complaints under the provisions of the Convention.<\/p>\n THE LAW<\/p>\n I. ALLEGED VIOLATION OF ARTICLE 5\u00a0\u00a7\u00a03 OF THE CONVENTION<\/p>\n 5. The applicant complained principally that his pre-trial detention had been unreasonably long. He relied on Article\u00a05\u00a0\u00a7\u00a03 of the Convention, which reads as follows:<\/p>\n Article\u00a05\u00a0\u00a7\u00a03<\/p>\n \u201c3. Everyone arrested or detained in accordance with the provisions of paragraph\u00a01\u00a0(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.\u201d<\/p>\n 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\u00a05 \u00a7\u00a03 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kud\u0142a v.\u00a0Poland [GC], no.\u00a030210\/96, \u00a7 110, ECHR 2000\u2011XI, and McKay v.\u00a0the United Kingdom [GC], no. 543\/03, \u00a7\u00a7 41-44, ECHR 2006\u2011X, with further references).<\/p>\n 7. In the leading cases of Kharchenko v.\u00a0Ukraine, no.\u00a040107\/02, 10\u00a0February 2011, and Ignatov v.\u00a0Ukraine, no.\u00a040583\/15, 15\u00a0December 2016, the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n 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 these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicant\u2019s pre-trial detention was excessive.<\/p>\n 9. These complaints are therefore admissible and disclose a breach of Article\u00a05\u00a7\u00a03 of the Convention.<\/p>\n II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/p>\n 10. The applicant submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article\u00a035\u00a0\u00a7\u00a03\u00a0(a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Merit v. Ukraine (no. 66561\/01, 30 March 2004) and Svershov v.\u00a0Ukraine (no. 35231\/02, \u00a7 71, 27 November 2008).<\/p>\n III. REMAINING COMPLAINT<\/p>\n 11. The applicant also raised another complaint under Article 5\u00a0\u00a7\u00a01 of the Convention.<\/p>\n 12. The Court has examined this complaint and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint either does not meet the admissibility criteria set out in Articles\u00a034 and\u00a035 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.<\/p>\n It follows that this part of the application must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 13. Article 41 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 14. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Ignatov, cited above), the Court considers it reasonable to award the sum indicated in the appended table and to reject any additional claims for just satisfaction raised by the applicant.<\/p>\n 15. 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/p>\n 1. Declares the complaints concerning the excessive length of pre-trial detentionand the other complaints under well-established case-law of the Court, as set out in the appended table,admissible and the remainder of the application inadmissible;<\/p>\n 2. Holds that these complaints disclose a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention concerning the excessive length of pre-trial detention;<\/p>\n 3. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);<\/p>\n 4. Holds<\/p>\n (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;<\/p>\n (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<\/p>\n 5. Dismisses the remainder of the applicant\u2019s claims for just satisfaction.<\/p>\n Done in English, and notified in writing on 15 April 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Liv Tigerstedt\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Ivana Jeli\u0107 ____________<\/p>\n APPENDIX
\nGanna Yudkivska,
\nArnfinn B\u00e5rdsen, judges,
\nand Liv Tigerstedt, Deputy Section Registrar,<\/p>\n
\nDeputy Registrar\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nApplication raising complaints under Article 5 \u00a7 3 of the Convention
\n(excessive length of pre-trial detention)<\/p>\n