The applicants complained of the life sentence with no prospect of release.<\/p>\n
FIFTH SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Tokar and Others v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n L\u0259tif H\u00fcseynov, President, Having deliberated in private on 21 October 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Ukraine lodged with the\u00a0Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table<\/p>\n 2. The Ukrainian Government (\u201cthe Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants complained of the life sentence with no prospect of release.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/p>\n 5. Having regard to the similar subject matter of the applications, the\u00a0Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE 3 of the Convention<\/p>\n 6. The applicants complained of the life sentence with no prospect of release. They relied, expressly or in substance, on Article 3 of the\u00a0Convention, which reads as follows:<\/p>\n Article 3<\/p>\n \u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n 7. The Court reiterates that the Convention does not prohibit the\u00a0imposition of a life sentence on those convicted of especially serious crimes, such as murder. Yet to be compatible with Article 3 such a sentence must be reducible\u00a0de jure\u00a0and\u00a0de facto, meaning that there must be both a\u00a0prospect of release for the prisoner and a possibility of review. The basis of such review must extend to assessing whether there are legitimate penological grounds for the continuing incarceration of the prisoner. These grounds include punishment, deterrence, public protection and rehabilitation. The balance between them is not necessarily static and may shift in the course of a sentence, so that the primary justification for detention at the outset may not be so after a lengthy period of service of sentence. The importance of the ground of rehabilitation is underlined, since it is here that the emphasis of European penal policy now lies, as reflected in the practice of the Contracting States, in the relevant standards adopted by the Council of Europe, and in the relevant international materials (see Vinter and Others v.\u00a0the United Kingdom [GC], nos. 66069\/09 and 2 others, \u00a7\u00a7\u00a059-81, ECHR 2013 (extracts)).<\/p>\n 8. In the leading case of Petukhov v. Ukraine (no. 2), no. 41216\/13, 12\u00a0March 2019, 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. They are therefore admissible and disclose a breach of Article\u00a03 of the Convention.<\/p>\n III. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 10. 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 11. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Petukhov (no. 2) cited above, \u00a7\u00a0201), the Court considers that the finding of a violation constitutes in itself sufficient just satisfaction.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the applications admissible;<\/p>\n 3. Holds that these applications disclose a breach of Article 3 of the Convention concerning the life sentence with no prospect of release;<\/p>\n 4. Holds that the finding of a violation constitutes in itself sufficient just satisfaction.<\/p>\n Done in English, and notified in writing on 18 November 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 \u00a0 \u00a0 L\u0259tif H\u00fcseynov ___________<\/p>\n APPENDIX<\/strong>
\nCASE OF TOKAR AND OTHERS v. UKRAINE<\/strong>
\n(Applications nos. 22356\/20 and 7 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n18 November 2021<\/p>\n
\nLado Chanturia,
\nArnfinn B\u00e5rdsen, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nList of applications raising complaints under Article 3 of the Convention
\n(life sentence with no prospect of release)<\/p>\n\n\n
\n No.<\/strong><\/td>\n Application no.<\/strong>
\nDate of introduction<\/strong><\/td>\nApplicant\u2019s name<\/strong>
\nYear of birth<\/strong><\/td>\nRepresentative\u2019s name and location<\/strong><\/td>\n Name of the trial court<\/strong>
\nDate of the life sentence<\/strong><\/td>\nJudicial decision upholding the conviction<\/strong><\/td>\n<\/tr>\n<\/thead>\n\n \n 1.<\/td>\n 22356\/20
\n06\/05\/2020<\/td>\nOleg Mykolayovych TOKAR<\/strong>
\n1986<\/td>\n<\/td>\n Vinnytsya Regional Court of Appeal,
\n11\/06\/2007<\/td>\nSupreme Court of Ukraine, 17\/01\/2008<\/td>\n<\/tr>\n \n 2.<\/td>\n 23423\/20
\n07\/05\/2020<\/td>\nIgor Grygorovych ZINCHENKO<\/strong>
\n1973<\/td>\nPlakhotnyuk Oleksandr Oleksandrovych
\nKyiv<\/td>\nKyiv City Court,
\n18\/08\/2000<\/td>\nSupreme Court of Ukraine, 15\/02\/2001<\/td>\n<\/tr>\n \n 3.<\/td>\n 23878\/20
\n12\/05\/2020<\/td>\nAndriy Mykolayovych BONDARENKO<\/strong>
\n1981<\/td>\nRovenskyy Oleksandr Valeriyovych
\nKyiv<\/td>\nVinnytsya Regional Court of Appeal,
\n09\/03\/2004<\/td>\nSupreme Court of Ukraine, 01\/07\/2004<\/td>\n<\/tr>\n \n 4.<\/td>\n 23899\/20
\n28\/05\/2020<\/td>\nMykhaylo Volodymyrovych ORLOV<\/strong>
\n1974<\/td>\nKychenok Andriy Sergiyovych
\nKyiv<\/td>\nLugansk Regional Court of Appeal,
\n20\/03\/2012<\/td>\nN\/A<\/td>\n<\/tr>\n \n 5.<\/td>\n 3177\/21
\n08\/12\/2020<\/td>\nSergiy Volodymyrovych DIDENKO<\/strong>
\n1979<\/td>\nGorbachevska Tamara Igorivna
\nKharkiv<\/td>\nKyiv City Court,
\n20\/11\/2000<\/td>\nSupreme Court of Ukraine, 12\/04\/2001<\/td>\n<\/tr>\n \n 6.<\/td>\n 6740\/21
\n14\/01\/2021<\/td>\nSergiy Yosypovych KARPOVETS<\/strong>
\n1976<\/td>\nKychenok Andriy Sergiyovych
\nKyiv<\/td>\nRivne Regional Court of Appeal,
\n03\/04\/2002<\/td>\nSupreme Court of Ukraine, 20\/08\/2002<\/td>\n<\/tr>\n \n 7.<\/td>\n 7593\/21
\n28\/01\/2021<\/td>\nSergiy Dmytrovych BROVKO<\/strong>
\n1963<\/td>\nKychenok Andriy Sergiyovych
\nKyiv<\/td>\nKharkiv Regional Court,
\n11\/04\/1997<\/td>\nSupreme Court of Ukraine, 10\/02\/1998
\nDeath penalty commuted to life sentence by decision of the Kharkiy Regional Court,
\n11\/04\/2001<\/td>\n<\/tr>\n\n 8.<\/td>\n 8509\/21
\n13\/01\/2021<\/td>\nSergiy Georgiyovych SIMON<\/strong>
\n1987<\/td>\nRevyakin Maksym Oleksandrovych
\nKharkiv<\/td>\nKharkiv Regional Court of Appeal, 14\/08\/2009<\/td>\n Supreme Court of Ukraine, 01\/06\/2010<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n