{"id":18024,"date":"2022-02-10T10:14:22","date_gmt":"2022-02-10T10:14:22","guid":{"rendered":"https:\/\/laweuro.com\/?p=18024"},"modified":"2022-02-10T10:14:22","modified_gmt":"2022-02-10T10:14:22","slug":"case-of-bartkova-and-voronin-v-ukraine-european-court-of-human-rights-24178-14-and-67581-17","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=18024","title":{"rendered":"CASE OF BARTKOVA AND VORONIN v. UKRAINE (European Court of Human Rights) 24178\/14 and 67581\/17"},"content":{"rendered":"

FIFTH SECTION
\nCASE OF BARTKOVA AND VORONIN v. UKRAINE<\/strong>
\n(Applications nos. 24178\/14 and 67581\/17)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n10 February 2022<\/p>\n

This judgment is final but it may be subject to editorial revision.<\/p>\n

In the case of Bartkova and Voronin 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,
\nLado Chanturia,
\nArnfinn B\u00e5rdsen, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 20 January 2022,<\/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 Court 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 lack of relevant and sufficient reasons for detention. They also raised other complaints under the provisions of the Convention.<\/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 Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n

II. ALLEGED VIOLATION OF ARTICLE 5 \u00a7 3 of the Convention<\/p>\n

6. The applicants complained principally of the lack of relevant and sufficient reasons for detention. They relied, expressly or in substance, on Article 5 \u00a7 3 of the Convention, which reads as follows:<\/p>\n

Article 5 \u00a7 3<\/p>\n

\u201c3. Everyone arrested or detained in accordance with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and 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 reiterates that, according to its established case-law under Article 5 \u00a7 3 of the Convention, the persistence of a reasonable suspicion that the person arrested has committed an offence is a condition sine qua non for the lawfulness of the continued detention, but after a certain lapse of time it no longer suffices. In such cases, the Court must establish whether the other grounds given by the judicial authorities continued to justify the deprivation of liberty. Where such grounds were \u201crelevant\u201d and \u201csufficient\u201d, the Court must also ascertain whether the competent national authorities displayed \u201cspecial diligence\u201d in the conduct of the proceedings. The Court has also held that justification for any period of detention, no matter how short, must be convincingly demonstrated by the authorities. When deciding whether a\u00a0person should be released or detained, the authorities are obliged to consider alternative measures for ensuring this person\u2019s appearance at trial. The\u00a0requirement for the judicial officer to give \u201crelevant\u201d and \u201csufficient\u201d reasons for the detention \u2013 in addition to the persistence of reasonable suspicion \u2013 applies already at the time of the first decision ordering detention on remand, that is to say \u201cpromptly\u201d after the arrest (see, among other authorities, Buzadji v. the Republic of Moldova [GC], no.\u00a023755\/07, \u00a7\u00a7 87 and 102, 5 July 2016).<\/p>\n

8. In the leading case of Korban v. Ukraine, no. 26744\/16, \u00a7\u00a7 158-81, 4\u00a0July 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. Having regard to its case-law on the subject, the Court considers that in the instant case the domestic courts failed to provide relevant and sufficient reasons for the applicants\u2019 pre-trial detention.<\/p>\n

10. These complaints are therefore admissible and disclose a breach of Article\u00a05 \u00a7 3 of the Convention.<\/p>\n

III. REMAINING COMPLAINTS<\/p>\n

11. The applicants also raised other complaints under various Articles of the Convention.<\/p>\n

12. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they either do not meet the admissibility criteria set out in Articles\u00a034 and\u00a035 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.<\/p>\n

13. It follows that this part of the applications must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n

IV. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n

14. 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

15. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Ara Harutyunyan v. Armenia , no. 629\/11, \u00a7 66, 20 October 2016), the Court considers it reasonable to award the sums indicated in the appended table and it rejects any additional claims for just satisfaction raised by the applicants.<\/p>\n

16. 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. Decides to join the applications;<\/p>\n

2. Declares the complaints concerning the lack of relevant and sufficient reasons for detention admissible and the remainder of the applications inadmissible;<\/p>\n

3. Holds that these complaints disclose a breach of Article 5 \u00a7 3 of the Convention concerning the lack of relevant and sufficient reasons for detention;<\/p>\n

4. Holds<\/p>\n

(a) that the respondent State is to pay the applicants, 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

5. Dismisses the remainder of the applicants\u2019 claims for just satisfaction.<\/p>\n

Done in English, and notified in writing on 10 February 2022, 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 \u00a0 L\u0259tif H\u00fcseynov
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n

___________<\/p>\n

APPENDIX<\/strong>
\nList of applications raising complaints under Article 5 \u00a7 3 of the Convention
\n(lack of relevant and sufficient reasons for detention)<\/p>\n\n\n\n\n\n\n
No.<\/strong><\/td>\nApplication no.<\/strong><\/p>\n

Date of introduction<\/strong><\/td>\n

Applicant\u2019s name<\/strong><\/p>\n

Year of birth<\/strong><\/td>\n

Representative\u2019s name and location<\/strong><\/td>\nPeriod of detention<\/strong><\/td>\nCourt which issued detention order\/ examined appeal<\/strong><\/td>\nSpecific defects<\/strong><\/td>\nAmount awarded for non-pecuniary damage per applicant<\/strong><\/p>\n

(in euros)[1]<\/a><\/strong><\/td>\n

Amount awarded for costs and expenses per application<\/strong><\/p>\n

(in euros)[2]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n

1.<\/td>\n24178\/14<\/p>\n

13\/03\/2014<\/td>\n

Inna<\/strong><\/p>\n

Yevgenivna<\/strong><\/p>\n

BARTKOVA<\/strong><\/p>\n

1988<\/td>\n

Danilevych Tetyana Mykolayivna<\/p>\n

Vinnytsya<\/td>\n

from 22\/01\/2014 to 07\/09\/2015<\/td>\nVinnytsya City Court<\/td>\nfragility of the reasons employed by the courts, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice<\/td>\n2,000<\/td>\n250<\/td>\n<\/tr>\n
2.<\/td>\n67581\/17<\/p>\n

30\/08\/2017<\/td>\n

Lev<\/strong><\/p>\n

Yuriyovych<\/strong><\/p>\n

VORONIN<\/strong><\/p>\n

1963<\/td>\n

Ignatov Oleksandr Anatoliyovych<\/p>\n

Dnipro<\/td>\n

01\/08\/2017-27\/10\/2017<\/td>\nKyiv-Sviatoshynskyy District Court<\/td>\nfailure to assess the applicant\u2019s personal situation reducing the risks of re-offending, colluding or absconding, failure to examine the possibility of applying other measures of restraint, fragility of the reasons employed by the courts<\/td>\n2,000<\/td>\n–<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[1]<\/a> Plus any tax that may be chargeable to the applicants.<\/p>\n

[2]<\/a> Plus any tax that may be chargeable to the applicants.<\/p>\n