CEDH · CASELAW;COMMUNICATEDCASES;ENG — 16 janvier 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 3 February 2025   FIFTH SECTION Application no. 56119/14 Mykhaylo Mykhaylovych RYCHKA against Ukraine lodged on 18 December 2014 communicated on 16 January 2025 SUBJECT MATTER OF THE CASE The application concerns an alleged breach of the principle of equality of arms in criminal proceedings against the applicant. On 22 May 2014 the Higher Specialised Court for Civil and Criminal Matters, acting as a court of cassation, held a hearing in the applicant’s absence, but in the presence of a prosecutor, who made his statements. It dismissed an appeal on points of law by the applicant and upheld the lower courts’ judgments convicting the applicant of two accounts of murder and sentencing him to life imprisonment. Referring to Article 13 of the Convention, the applicant complains that he was not present at the hearing before the court of cassation. The complaint falls to be examined under Article 6 § 1 of the Convention. QUESTION TO THE PARTIES Did the applicant have a fair trial in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected given his absence from the court hearing of 22 May 2014 before the Higher Specialised Court for Civil and Criminal Matters (see Sejdovic v.   Italy [GC], no. 56581/00, §   81, ECHR 2006 ‑ II; Zhuk v. Ukraine , no.   45783/05, §§ 29-35, 21 October 2010; Loboda v. Ukraine , no. 8865/06, §§   50-52, 17   November 2016)?