I correctly predicted that there was a violation of human rights in SHCHEGOLYEV v. UKRAINE.

Information

  • Judgment date: 2010-10-12
  • Communication date: 2021-05-10
  • Application number(s): 60833/15
  • Country:   UKR
  • Relevant ECHR article(s): 5, 5-1, 5-2, 5-3, 5-4, 6, 6-1, 6-2, 6-3-c
  • Conclusion:
    Violation of Art. 6-1
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.773038
  • Prediction: Violation

  • Consistent


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

Published on 31 May 2021 The application concerns the applicant’s allegations under Article 5 § 3 of the Convention that the domestic courts failed to give relevant and sufficient reasons for their decisions ordering and extending his detention, and that his detention was therefore unreasonably long.
The application furthermore concerns the applicant’s allegations under the same provision that the courts refused to set bail as a preventive measure.
Lastly, the application concerns the applicant’s allegations under Article 6 § 1 of the Convention that the proceedings against him are unreasonably long.
On 3 March 2015, within the framework of the criminal investigation into the Maidan events in Kyiv (see Shmorgunov and Others v. Ukraine, nos.
15367/14 and 13 others, 21 January 2021), the applicant, a Security Service officer at the material time, was formally notified that he was suspected of having used excessive power.
On 12 March 2015 the court applied a night house arrest to him.
On 20 August 2015 the applicant was formally notified of the modification of the level of suspicion against him when the scope of the charges against him was extended – more charges, in particular murder charges, were added to the investigation.
On the basis of new charges, on 20 August 2015 the applicant was arrested and on 21 August 2015 the Kyiv Pecherskyi District Court ordered his detention, noting as the reasons for detention the gravity of the charges and the risk of his absconding and influencing other participants in the proceedings.
The applicant’s detention was extended by the courts a number of times with reference to the reasons previously mentioned.
When making a decision on the applicant’s detention the courts referred to the provisions of the Code of Criminal Procedure which did not allow the courts to set bail in such circumstances.
On 20 June 2019 the applicant’s detention was altered to a twenty-four hour house arrest which was further changed to personal commitment on 25 October 2019.
As of today, the proceedings against the applicant are still pending at the trial court.

Judgment