I incorrectly predicted that there's no violation of human rights in YELNIK v. UKRAINE.
Information
- Judgment date: 2020-02-06
- Communication date: 2019-01-14
- Application number(s): 10444/13
- Country: UKR
- Relevant ECHR article(s): 5, 5-3
- Conclusion:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings
Article 6-1 - Reasonable time) - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.713103
- Prediction: No violation
Inconsistent
Legend
In line with the court's judgment
In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment
: In opposition to the court's judgment
Communication text used for prediction
The application concerns the length of the applicant’s pre-trial detention (Article 5 § 3 of the Convention).
The applicant was held in custody from 24 September 2008 to 21 May 2010 - 1 year, 7 months and 26 days - and from 29 March 2012 to 12 March 2013 - 11 months and 13 days.
Between 21 May 2010 and 29 March 2012 the applicant was detained on the basis of his conviction by a decision of 21 May 2010 of the Tzentralno-Miskyy Local Court of Gorlivka which sentenced him to five years’ imprisonment.
QUESTION tO THE PARTIES Was the length of the applicant’s pre-trial detention in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?
Judgment
FIFTH SECTIONCASE OF YELNIK v. UKRAINE
(Application no. 10444/13)
JUDGMENT
STRASBOURG
6 February 2020
This judgment is final but it may be subject to editorial revision. In the case of Yelnik v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Gabriele Kucsko-Stadlmayer, President,Mārtiņš Mits,Lәtif Hüseynov, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 16 January 2020,
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 29 January 2013. 2. The Ukrainian Government (“the Government”) were given notice of the application. THE FACTS
3. The applicant’s details and information relevant to the application are set out in the appended table. 4. The applicant complained of the excessive length of his pre-trial detention. The applicant also raised another complaint under Article 6 § 1 of the Convention. THE LAW
5. 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.”
6. 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). 7. 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. 8. 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. 9. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention. 10. The applicant submitted another complaint under Article 6 § 1 of the Convention about the excessive length of criminal proceedings, which also raised issues under the Convention, 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 Merit v. Ukraine (no. 66561/01, 30 March 2004). 11. 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.”
12. Regard being had to the documents in its possession and to its case‐law (see, in particular, Ignatov v. Ukraine, cited above), the Court considers it reasonable to award the sum indicated in the appended table. 13. 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,
(a) that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 6 February 2020, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Liv TigerstedtGabriele Kucsko-Stadlmayer
Acting Deputy RegistrarPresident
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
Date of birth
Period of detention
Length of detention
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
10444/13
29/01/2013
Andrey Aleksandrovich YELNIK
06/04/1987
24/09/2008 to
21/05/2010
29/03/2012 to
12/03/2013
1 year, 7 months and 28 days
11 months and 13 days
Art. 6 (1) - excessive length of criminal proceedings:
from 24/09/2008 to 20/08/2013
4 years, 10 months and 26 days
2 levels of jurisdiction
2,200
Application no. Date of introduction
Applicant’s name
Date of birth
Period of detention
Length of detention
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
10444/13
29/01/2013
Andrey Aleksandrovich YELNIK
06/04/1987
24/09/2008 to
21/05/2010
29/03/2012 to
12/03/2013
1 year, 7 months and 28 days
11 months and 13 days
Art. 6 (1) - excessive length of criminal proceedings:
from 24/09/2008 to 20/08/2013
4 years, 10 months and 26 days
2 levels of jurisdiction
2,200
[1]. Plus any tax that may be chargeable to the applicant.