FIFTH SECTION
\nCASE OF KONDRATENKO v. UKRAINE
\n(Application no. 9333\/20)
\nJUDGMENT
\nSTRASBOURG
\n20 May 2021<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Kondratenko v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n St\u00e9phanie Mourou-Vikstr\u00f6m, President, Having deliberated in private on 22 April 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/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 4 February 2020.<\/p>\n 2. The applicant was represented by Mr\u00a0Y.S.\u00a0Shalyga, a lawyer practising in Kropyvnytskyy.<\/p>\n 3. The Ukrainian Government (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n THE FACTS<\/strong><\/p>\n 4. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 5. The applicant complained of the excessive length of his pre-trial detention.<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLE 5\u00a0\u00a7\u00a03 OF THE CONVENTION<\/p>\n 6. The applicant complained 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 7. 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\u00a0[GC], no.\u00a030210\/96, \u00a7 110, ECHR 2000\u2011XI, and McKay v. the United Kingdom [GC], no. 543\/03, \u00a7\u00a7 41-44, ECHR 2006\u2011X, with further references).<\/p>\n 8. In the leading cases of Kharchenko v.\u00a0Ukraine, no.\u00a040107\/02, 10\u00a0February\u00a02011 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 9. 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 10. These complaints are therefore admissible and disclose a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention.<\/p>\n II. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 11. 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 12. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Ignatov, cited above, \u00a7 57), the Court considers it reasonable to award the sum indicated in the appended table.<\/p>\n 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Declares the application admissible;<\/p>\n 2. Holds that this application discloses a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention concerning the excessive length of pre-trial detention;<\/p>\n 3. Holds<\/p>\n (a) that the respondent State is to pay the applicant, within three months, the amounts 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 amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.<\/p>\n Done in English, and notified in writing on 20 May 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 St\u00e9phanie Mourou-Vikstr\u00f6m _________<\/p>\n APPENDIX<\/strong> Date of introduction<\/strong><\/td>\n Year of birth<\/strong><\/td>\n and location<\/strong><\/td>\n (in euros)[1]<\/a><\/strong><\/td>\n per application<\/strong><\/p>\n (in euros)[2]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 04\/02\/2020<\/td>\n 1963<\/td>\n Kropyvnytskyy<\/td>\n pending<\/td>\n [1]<\/a> Plus any tax that may be chargeable to the applicant.<\/p>\n [2]<\/a> Plus any tax that may be chargeable to the applicant.<\/p>\n
\nJovan Ilievski,
\nMattias Guyomar, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 President<\/p>\n
\nApplication raising complaints under Article 5 \u00a7 3 of the Convention
\n(excessive length of pre-trial detention)<\/p>\n\n\n
\n Application no.<\/strong><\/p>\n Applicant\u2019s name<\/strong><\/p>\n Representative\u2019s name<\/strong><\/p>\n Period of detention<\/strong><\/td>\n Length of detention<\/strong><\/td>\n Amount awarded for pecuniary and non\u2011pecuniary damage per applicant<\/strong><\/p>\n Amount awarded for costs and expenses<\/strong><\/p>\n \n 9333\/20<\/p>\n Volodymyr Viktorovych KONDRATENKO<\/strong><\/p>\n Yevgeniy Stepanovych Shalyga,<\/p>\n 04\/03\/2018<\/p>\n More than 3 years<\/td>\n 1,900<\/td>\n 250<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n