GOLOVANOV v. UKRAINE - 881/13 (Judgment : Right to liberty and security : Fifth Section Committee) [2021] ECHR 306 (15 April 2021)

JUDGMENT STRASBOURG 15 April 2021 This judgment is final but it may be subject to editorial revision. In the case of Golovanov v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Ivana Jelić, President, Ganna Yudkivska, Arnfinn Bårdsen, judges, and Liv Tigerstedt, Deputy Section Registrar, Having deliberated in private on 25 March 2021, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 19 December 2012. 2. The applicant was represented by Ms L. M. Kichuzhinets, a lawyer practising in Kyiv. 3. The Ukrainian Government (“the Government”) were given notice of the application. THE FACTS 4. The applicant’s details and information relevant to the application are set out in the appended table. 5. The applicant complained of the excessive length of his pre-trial detention . He also raised another complaint under Article 5 § 1 of the Convention. THE LAW I. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 6. The applicant complained principally that his pre-trial detention had been unreasonably long. He relied on Article 5 § 3 of the Convention, which reads as follows: Article 5 § 3 “3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.” 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 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96 , § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03 , §§ 41-44, ECHR 2006‑X, with further references). 8. In the leading cases of Kharchenko v. Ukraine, no. 40107/02 , 10 February 2011, and Ignatov v. Ukraine, no. 40583/15 , 15 December 2016, the Court already found a violation in respect of issues similar to those in the present case. 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 applicant’s pre-trial detention was excessive. 10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention. II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 11. The applicant submitted another complaint under Article 5 § 1 of the Convention which also raised issues, given the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Kharchenko v. Ukraine (no. 40107/02 , §§ 75-76, 10 February 2011) . III. APPLICATION OF ARTICLE 41 OF THE CONVENTION 12. Article 41 of the Convention provides: “If 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.” 13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Ignatov, cited above ) , the Court considers it reasonable to award the sums indicated in the appended table and to reject the additional claims for just satisfaction submitted by the applicant. 14. 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. FOR THESE REASONS, THE COURT , UNANIMOUSLY, 1. Declares the application admissible; 2. Holds that it discloses a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention; 3. Holds that there has been a violation of Article 5 § 1 of the Convention as regards the other complaint raised under well-established case-law of the Court (see appended table); 4. Holds (a) that the respondent State is to pay the applicant, 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; (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; 5. Dismisses the remainder of the applicant’s claims for just satisfaction. Done in English, and notified in writing on 15 April 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Liv Tigerstedt Ivana Jelić Deputy Registrar President APPENDIX Application raising complaints under Article 5 § 3 of the Convention (excessive length of pre-trial detention) Application no. Date of introduction Applicant’s name Year of birth Period of detention Length of detention Specific defects Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros) [1] Amount awarded for costs and expenses per application (in euros) [2] 881/13 19/12/2012 Sergey Vladimirovich GOLOVANOV 29/05/2009 to 27/04/2015 5 years and 10 months and 30 days Use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 5 (1) (c) - unlawful pre-trial detention - undetermined period of the applicant’s detention at the stage of sending his case for trial (court’s ruling of 25/08/2011) 5,850 [1] Plus any tax that may be chargeable to the applicant. [2] Plus any tax that may be chargeable to the applicant. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII