On a request by the prosecutor of 27 November 2017 a pre-trial judge of the trial court ordered pre-trial detention of the second applicant (a former member of Parliament) (order dated 5 December 2017)

It held that the applicant’s pre-trial detention between 6 October 2003 and 28 January 2005 had been “undoubtedly unjustified” within the meaning of Article 552 § 4 of the CCP.

It appears that during the entire period of his pre-trial detention the applicant was held in the Kyiv Pre-Trial Detention Centre (“the SIZO”).

On 4 September 1998, the applicant was committed for trial on 20 counts relating to three different victims. On 18 December 1998, the trial was fixed for 14 April 1999.

    The convictions were based on a multiplicity of evidence, including statements by the applicants made at the pre-trial stage and at trial in the presence of their lawyers, trial statements

within a reasonable time or to release pending trial.

to Mr Bezzateyev for his pre-trial detention “between 2   September 2008 and 6 October 2010”; (d)     EUR 1,000 to Mr Petrenko for his pre-trial detention “between 2   December 2010

trial.

trial.

Mr Barakhov, for his pre-trial detention “between 8   June 2006 and 31 May 2010”; (d)     EUR 2,250 to Mr Nikonov for his pre-trial detention “between 26   March 2009 and 9 February

trial.

          It appears that the above underlined statement was not challenged by the applicant's counsel at the trial.

court, as well as the transcript of the trial itself.

The trial of all five co-accused was held from 21 April to 28 May 1999.

in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 8

a fair trial by jury, in breach of Article 6 § 1 of the Convention.

His pre-trial detention lasted from 22 October 2020 until 18 January 2023 (almost two years and   three months).

[the orders] go beyond the ordinary order for an adjournment since they have the effect of not only postponing a trial but, in effect, ordering that there should be no trial without the leave of the court

The trial judge allowed the application.