Chanyev v. Ukraine - 46193/13 - Legal Summary [2014] ECHR 1271 (09 October 2014)

Chanyev v. Ukraine - 46193/13 - Legal Summary [2014] ECHR 1271 (09 October 2014)

The applicant was detained for a month and a half without a court order due to legislative shortcomings in the new Code of Criminal Procedure, resulting in a violation of Article 5 § 1 of the Convention.

Citation
[2014] ECHR 1271
Parties
Applicant: Chanyev; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
09 October 2014
Procedural Posture
Application / Judgment
Outcome
violation found
Legal Topics
Pre Trial Detention, Lawful Detention, Legislative Lacunae, Article 5 ECHR
Human Rights Law Criminal Procedure Pre Trial Detention Lawful Detention Legislative Lacunae Article 5 ECHR

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Parties

Chanyev

Applicant

Ukraine

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the applicant's detention between 28 February and 15 April 2013 without a court order violated Article 5 § 1 of the European Convention on Human Rights

Ratio Decidendi

The applicant was detained for a month and a half without a court order due to legislative shortcomings in the new Code of Criminal Procedure, resulting in a violation of Article 5 § 1 of the Convention.

Court Disposition

violation found

Orders

  • Respondent State required to amend legislation governing pre-trial detention to ensure compliance with Article 5