The applicants complained of the unlawful detention.<\/p>\n
FIFTH SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Lukash and Magdalits v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: 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 unlawful detention (see appended table for further details).<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/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 1 of the Convention<\/p>\n 6. The applicants complained of the unlawful detention. They relied, expressly or in substance, on Article 5 \u00a7 1 of the Convention, which reads as follows:<\/p>\n Article 5 \u00a7 1<\/p>\n \u201c1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:<\/p>\n …<\/p>\n (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;\u201d<\/p>\n 7. The Court reiterates that Article 5 of the Convention is, together with Articles 2, 3 and 4, in the first rank of the fundamental rights that protect the physical security of the individual, and as such its importance is paramount. Its key purpose is to prevent arbitrary or unjustified deprivations of liberty (see Buzadji v. the Republic of Moldova [GC], no. 23755\/07, \u00a7 84, ECHR 2016 (extracts), with further references).<\/p>\n 8. Where the \u201clawfulness\u201d of detention is in issue, including the question whether \u201ca procedure prescribed by law\u201d has been followed, the Convention refers essentially to the national law and lays down the obligation to conform to the substantive and procedural rules thereof. Compliance with the national law is not, however, sufficient: Article 5 \u00a7 1 requires in addition that any deprivation of liberty should be in keeping with the purpose of protecting the individual from arbitrariness (see S., V. and A. v. Denmark [GC], nos.\u00a035553\/12, 36678\/12 and 36711\/12, \u00a7 74, 22 October 2018, with further references).<\/p>\n 9. The Court found violations in respect of issues similar to those in the present case in the leading cases set out in the appended table.<\/p>\n 10. 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 applicants\u2019 detention was not in accordance with Article 5 \u00a7 1 of the Convention.<\/p>\n 11. These complaints as set out in the appended table are therefore admissible and disclose a breach of Article 5 \u00a7 1 of the Convention.<\/p>\n III. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n 12. 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 13. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Malyk v. Ukraine, no. 37198\/10, 29\u00a0January\u00a02015), the Court considers it reasonable to award the sums indicated in the appended table and rejects any additional claims for just satisfaction raised by the applicant in application no. 57967\/15.<\/p>\n 14. The Court further 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 applications admissible;<\/p>\n 3. Holds that these applications disclose a breach of Article 5 \u00a7 1 of the Convention concerning the unlawful 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 applicant\u2019s claims for just satisfaction in application no. 57967\/15.<\/p>\n Done in English, and notified in writing on 29 September 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\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 St\u00e9phanie Mourou-Vikstr\u00f6m __________<\/p>\n APPENDIX<\/strong>
\nCASE OF LUKASH AND MAGDALITS v. UKRAINE<\/strong>
\n(Applications nos. 57967\/15 and 37540\/16)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n29 September 2022<\/p>\n
\nSt\u00e9phanie Mourou-Vikstr\u00f6m, President,
\nIvana Jeli\u0107,
\nKate\u0159ina \u0160im\u00e1\u010dkov\u00e1, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,
\nHaving deliberated in private on 8 September 2022,
\nDelivers the following judgment, which was adopted on that date:<\/p>\n
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
\nList of applications raising complaints under Article 5 \u00a7 1 of the Convention
\n(unlawful detention)<\/p>\n