The applicants complained principally that their pre-trial detention had been unreasonably long.<\/p>\n
European Court of Human Rights This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Yefremov and Tamkov v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Having deliberated in private on 14 December 2023,<\/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\u00a0Government\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 excessive length of their pre-trial detention. In application no.\u00a059051\/21, the applicant also raised other complaints under the provisions of the Convention.<\/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\u00a0\u00a7\u00a03 OF THE CONVENTION<\/strong><\/p>\n 6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article\u00a05\u00a0\u00a7\u00a03 of the Convention.<\/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 [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. Ukraine (no. 40107\/02, 10\u00a0February 2011) and Ignatov v. Ukraine (no. 40583\/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 applicants\u2019 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 III. REMAINING COMPLAINTS<\/strong><\/p>\n 11. In application no.\u00a059051\/21, the applicant also raised other complaints under Articles 6 and 13 of the Convention.<\/p>\n 12. The Court 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, these complaints 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 It follows that this part of application no. 59051\/21 must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n 13. 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 sums indicated in the appended table.<\/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 excessive length of pre-trial detention admissible,\u00a0and the remainder of application no.\u00a059051\/21 inadmissible;<\/p>\n 3. 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 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 Done in English, and notified in writing on 18 January 2024, 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 M\u0101rti\u0146\u0161 Mits __________<\/p>\n APPENDIX<\/strong>
\nFIFTH SECTION
\nCASE OF YEFREMOV AND TAMKOV v. UKRAINE<\/strong>
\n(Applications nos. 52812\/16 and 59051\/21)
\nJUDGMENT
\nSTRASBOURG
\n18 January 2024<\/p>\n
\nM\u0101rti\u0146\u0161 Mits, President,
\nKate\u0159ina \u0160im\u00e1\u010dkov\u00e1,
\nMykola Gnatovskyy, 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\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
\nList of applications raising complaints under Article 5 \u00a7 3 of the Convention
\n(excessive length of pre-trial detention)<\/p>\n