CEDH · CASELAW;COMMUNICATEDCASES;ENG — 6 septembre 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s8F670191 { font-family:Arial; font-size:12pt; list-style-position:inside } .s29100277 { font-family:Arial; font-weight:bold } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .s4EFEAD { width:14.32pt; font:7pt 'Times New Roman'; display:inline-block }     Communicated on 6 September 2018     FOURTH SECTION Application no. 72192/12 Viktor Viktorovych VYSHNEVSKYY against Ukraine and 30 other applications (see list appended) SUBJECT MATTER OF THE CASES The applications principally concern the alleged unlawfulness of the applicants’ detention awaiting the determination of the criminal charges brought against them, in particular with a view of the fact that the decisions of the domestic courts authorising their detention were not based on relevant and sufficient reasons. Some of the applications, as specified in the appendix, also raise the following issues: the alleged overcrowding and poor conditions of the applicants’ detention, the alleged breach of the procedure for the applicants’ arrest, the alleged absence of a court decision authorising their detention on certain periods, the allegedly unreasonable duration of the applicants’ detention, the alleged lack of speedy and thorough review of the lawfulness of their detention, the alleged absence of a right to compensation for the applicants’ unlawful deprivation of liberty and/or detention, and the allegedly unreasonable duration of the criminal proceedings against them. QUESTIONS tO THE PARTIES As regards all the applications Was the applicants’ detention during the respective periods as specified in the appendix free from arbitrariness and based on sufficient reasons for the purposes of Article 5   § 3 of the Convention? Was it compatible with the “reasonable time” requirement of the same provision (see, for instance, Buzadji v.   the Republic of Moldova [GC], no. 23755/07, §§ 84 et seq., ECHR 2016 (extracts) and Ignatov v.   Ukraine , no. 40583/15, §§ 34-37, 15   December 2016)? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 5353/14, 54053/14 AND 25353/16 Did the material conditions of the applicants’ detention during the respective periods as specified in the appendix amount to a breach of Article   3 of the Convention (see Muršić v. Croatia [GC], no. 7334/13, §§   96-141, ECHR 2016)? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 72192/12, 7473/13, 10417/14 and 31184/16 Was the applicants’ deprivation of liberty during the respective periods as specified in the appendix lawful within the meaning of Article 5 § 1 of the Convention (see Rudenko v. Ukraine , no. 50264/08, §§ 66-70, 17 April 2014 and Chanyev v. Ukraine, no. 46193/13, §§ 29-31, 34, 9 October 2014)? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 72209/13 and 68678/17 Were the applicants’ arrests on the respective dates as specified in the appendix free from arbitrariness and based on sufficient reasons for the purposes of Article 5   §   1 of the Convention (see Grinenko v. Ukraine, no.   33627/06, § 83, 15   November 2012, Korneykova   v. Ukraine , no.   39884/05, § 34, 19 January 2012 and Makarenko v. Ukraine , no. 622/11, §§ 73-76, 30 January 2018)? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 17955/13, 68671/13, 5353/14, 10417/14, 31184/16, 35638/17, 67581/17, 68678/17 and 82724/17 Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention on remand during trial, as required by Article 5 § 4 of the Convention (see Kharchenko v.   Ukraine , no. 40107/02, §§ 84-87, 10 February 2011)? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 73451/13, 54053/14, 16561/16, 19635/16, 25907/16, 44349/16 and 68678/17 Did the applicants have an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5 of the Convention (see, for example, Korneykova v. Ukraine , no.   39884/05, §§ 79-82, 19 January 2012, and Taran v. Ukraine , no.   31898/06, §§ 87-90, 17 October 2013)? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 17955/13, 68671/13, 24477/15, 43692/15, 31184/16, 35638/17, 84326/17, 1838/18 Was the length of the criminal proceedings in the above cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see, for example, Merit v. Ukraine , no. 66561/01, § 72, 30 March 2004)?     No. Application no. Lodged on Applicant Date of birth Place of residence Nationality Representative Period of detention complained of Additional complaints to be communicated   72192/12, 17/10/2012 Viktor Viktorovych VYSHNEVSKYY 09/03/1970 Oleksandrivka Ukrainian Represented by Tetyana Anatoliyivna VYSHNEVETSKA   27/09/11-17/12/12 Detention on remand between 27/01/12 and 09/02/12 not covered by a court decision   7473/13, 09/01/2013 Aleksandr Nikolayevich KIRYANENKO 09/01/1983 Energodar Ukrainian   09/09/11-09/07/14 Detention on remand between 23/02/12 and 04/04/12 not covered by a court decision   17955/13, 01/03/2013 Sergiy Vasylyovych BEVZ 10/02/1983 Kyiv Ukrainian Represented by Dmytro Sergiyovych LOSHAKOV   25/08/11-24/02/14 Length of pre-trial detention (2 years and 4 months); Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (6 years and 3 months before two instances, pending as of 28/11/2017)   63542/13, 26/09/2013 Yuriy Viktorovich LAVRIK 16/11/1969 Kherson Russian   09/02/13-20/07/16     68671/13, 23/10/2013 Vasyl Fedorovych KURASOV 20/09/1975 Kyiv Ukrainian Represented by Artem Viktorovych FEDOSIN   17/05/13-11/11/14 Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (4 years and 11 months before two instances, pending as of 10/04/2018)   72209/13, 11/11/2013 Yuriy Ivanovych DESHKO 13/08/1962 Storozhnytsya Ukrainian Represented by Olena Mykolayivna KLYMENKO       20/05/13-21/05/14 Arrest on 20 May 2013 in breach of the procedure prescribed by the law     73451/13, 14/11/2013 Oleksandr Vasylyovych TYMCHENKO 04/01/1978 Solone Ukrainian   07/03/13-19/11/15 Length of pre-trial detention (2 years and 8 months); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5     5353/14, 18/12/2013 Oleksiy Volodymyrovych BORZYKH 18/05/1981 Bila Tserkva Ukrainian   08/08/11-17/09/13 Overcrowding and poor material conditions of detention between 15/09/11 and 27/05/14; Length of pre-trial detention (2 years and 1 month); Absence of an effective procedure to challenge the lawfulness of detention on remand     10417/14, 13/01/2014 Vasyl Igorovych SOKIL 12/03/1980 Chervonograd Ukrainian Represented by Yuriy Volodymyrovych OGORILKO     07/02/13-22/07/14 Detention on remand between 22/05/13 and 10/06/13 not covered by a court decision; Absence of an effective procedure to challenge the lawfulness of detention on remand             11237/14, 22/01/2014 Dmytro Fedorovych ABGASH 09/10/1994 Orlivka Ukrainian Represented by Dmytro Spyrydonovych ZLATI   18/04/13-11/02/14               20415/14, 03/03/2014 Artur Petrovych PASEKA 06/08/1989 Odesa Ukrainian Represented by Oleksandr Oleksandrovych BULGAROV   31/07/13-26/05/14               54053/14, 28/08/2014 Andriy Vitaliyovych PUSTYNTSEV 24/03/1980 Pyatykhatky Ukrainian Represented by Oleksandr Anatoliyovych IGNATOV     01/03/12-04/04/14 Overcrowding and poor material conditions of detention between 04/09/2013 and 05/11/2014; Length of pre-trial detention (1 year and 3 months); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5             16672/15, 27/03/2015 Sergiy Mykolayovych SKUZ 08/02/1985 Kyiv Ukrainian Represented by Vira Volodymyrivna MYKHAYLENKO   25/11/13-02/02/15               24477/15, 30/04/2015 Igor Mykhaylovych STADNYK 16/07/1984 Lviv Ukrainian Represented by Ruslana Ivanivna YUKHYMENKO   27/12/13-21/12/15 Length of proceedings (2 years and 4 months before 1 instance)             24962/15, 30/04/2015 Ivan Bogdanovych KRUTIY 20/02/1981 Lviv Ukrainian Represented by Ruslana Ivanivna YUKHYMENKO   11/12/13-21/12/15 Length of pre-trial detention (2 years and 10 days)             43692/15, 19/08/2015 Yaroslav Mykolayovych DAVYDENKO 17/05/1987 Kropyvnytskyy Ukrainian Represented by Oleksandr Mykolayovych KUSHNIROV   15/09/14-16/12/16 Length of pre-trial detention (2 years and 3 months); Length of proceedings (3 years and 7 months before 1 instance, pending as of 05/04/2018)             3649/16, 06/01/2016 Anastasiya Oleksandrivna LEONOVA 12/02/1982 Kyiv Russian   Represented by Oleksandr Oleksandrovych LAPIN   10/12/15-04/03/16, 15/03/16-17/05/16               16561/16, 17/03/2016 Mykola Ivanovych DUBYNA 04/04/1956 Orikhiv Ukrainian Represented by Oleksandr Anatoliyovych IGNATOV   09/07/14-08/02/16 Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5             19635/16, 17/03/2016 Oleksandr Mykolayovych DUBYNA 24/07/1990 Orikhiv Ukrainian Represented by Oleksandr Anatoliyovych IGNATOV   09/07/14-08/02/16 Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5             25353/16, 10/04/2016 Ruslan Mykhaylovych NAUMENKO 17/03/1978 Dnipropetrovsk Ukrainian Represented by Oleksandr Anatoliyovych IGNATOV   22/09/15-19/11/15 Overcrowding and poor material conditions of detention between 22/09/15 and 19/11/15             25907/16, 10/04/2016 Oleg Petrovych PETROV 14/03/1975 Synelnykove Ukrainian Represented by Oleksandr Anatoliyovych IGNATOV   15/03/14-17/06/18, pending Length of pre-trial detention (4 years, pending as of 11/12/2017); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5             31184/16, 20/05/2016 Sergiy Volodymyrovych ORLOV 09/11/1968 Dnipropetrovsk Ukrainian Represented by Myroslava Volodymyrivna DYOMINA   28/12/14-04/11/16, pending Detention on remand between 22/12/15 and 05/01/16 not covered by a court decision; Length of pre-trial detention (1 year and 8 months, pending as of 02/11/2016); Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (4 years and 8 months before two instances, pending as of 02/11/2016)               43478/16, 11/07/2016 Kuzma Yuriyovych IVANOV 31/07/1976 Odesa Ukrainian Represented by Maryanna Mykolayivna GOLOTOVA   16/12/15-14/01/17, pending               44349/16, 11/07/2016 Yevgen Yuriyovych SHUGALIY 28/01/1992 Dniprodzerzynsk Ukrainian Represented by Oleksandr Anatoliyovych IGNATOV   21/01/15-15/04/16 Length of pre-trial detention (1 year and 3 months); Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5             8967/17, 18/01/2017 Gennadiy Viktorovych KHAMRAYEV 13/08/1980 Dnipro Russian Represented by Vyacheslav Yuriyovych MATSEPURA   19/05/16-13/12/16, pending               35638/17, 24/11/2017 Dmytro Volodymyrovych BORODIN 21/12/1971 Uzhgorod Ukrainian Represented by Mykhaylo Ivanovych SUBOTA   10/08/12-09/06/17 Length of pre-trial detention (2 years and 7 months); Absence of an effective procedure to challenge the lawfulness of detention on remand; Length of proceedings (5 years and 4 months before three instances, pending before the trial court as of 11/12/2017)             67581/17, 30/08/2017 Lev Yuriyovych VORONIN 20/10/1963 Kyiv Ukrainian 06/04/17-29/09/17, pending Absence of an effective procedure to challenge the lawfulness of detention on remand             68678/17, 04/09/2017 Mylan Yuriyovych SIDAK 15/11/1982 Shevchenkove Ukrainian Represented by Kostyantyn Kostyantynovych DOROSHENKO   15/03/16-15/09/17, pending Arrest on 15/03/16 in breach of the procedure prescribed by the law; Length of pre-trial detention (1 year and 6 months); Absence of an effective procedure to challenge the lawfulness of detention on remand; Absence of an effective and enforceable right to compensation for alleged violation of Article 5 §§ 1, 3 or 4, as required by Article 5 § 5               82724/17, 23/11/2017 Mykola Igorovych MINAYEV 16/10/1969 Uzhgorod Ukrainian Represented by Mykhaylo Ivanovych SUBOTA   22/05/17-19/12/17, pending Absence of an effective procedure to challenge the lawfulness of detention on remand             84326/17, 12/12/2017 Yuriy Vadymovych ZHALYLO 04/08/1983 Poltava Ukrainian Represented by Roman Oleksandrovych KABALSKYY   11/02/13-26/06/17 Length of pre-trial detention (4 years and 4 months); Length of proceedings (5 years and 2 months before one instance, pending as of 31/05/2018)             1838/18, 21/12/2017 Igor Anatoliyovych KUNYK 26/08/1971 Khrystynivka Ukrainian Represented by Andriy Anatoliyovych KRISTENKO   02/09/14-10/02/18, pending Length of pre-trial detention (3 years and 5 months, pending as of 21/12/2017); Length of proceedings (3 years and 5 months before one instance, pending as of 10/02/2018)