TSATSENKO AND RYABOKON v. UKRAINE - 5481/19 (Judgment : Article 5 - Right to liberty and security : Fifth Section Committee) [2019] ECHR 743 (17 October 2019)

TSATSENKO AND RYABOKON v. UKRAINE - 5481/19 (Judgment : Article 5 - Right to liberty and security : Fifth Section Committee) [2019] ECHR 743 (17 October 2019)

The length of the applicants’ pre-trial detention was excessive and violated Article 5 § 3. Other complaints raised under well-established case-law also disclose violations of the Convention.

Source-derived case information.

Citation
[2019] ECHR 743
Parties
Applicant: Oleksiy Viktorovych Tsatsenko; Applicant: Igor Grygorovych Ryabokon; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
17 October 2019
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Applications joined, declared admissible, violations found, compensation awarded.
Legal Topics
Excessive Pre Trial Detention, Right to Compensation for Unlawful Detention, Excessive Length of Criminal Proceedings
Human Rights Law Criminal Procedure Excessive Pre Trial Detention Right to Compensation for Unlawful Detention Excessive Length of Criminal Proceedings

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Parties

Oleksiy Viktorovych Tsatsenko

Applicant

Igor Grygorovych Ryabokon

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the length of applicants' pre-trial detention violated Article 5 § 3 of the Convention
  2. 2 Whether there was a violation regarding compensation for unlawful detention under Article 5 (5)
  3. 3 Whether there was a violation regarding excessive length of criminal proceedings under Article 6 (1)

Ratio Decidendi

The length of the applicants’ pre-trial detention was excessive and violated Article 5 § 3. Other complaints raised under well-established case-law also disclose violations of the Convention.

Court Disposition

Applications joined, declared admissible, violations found, compensation awarded.

Orders

  • Respondent State to pay applicants the amounts indicated in the appended table within three months, converted into respondent State currency at settlement date.
  • Simple interest payable on amounts at marginal lending rate of European Central Bank plus three percentage points from expiry of three months until settlement.