CEDH · CASELAW;COMMUNICATEDCASES;ENG — 26 septembre 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s65E06E64 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s3262E16F { font-family:Arial; color:#2f2f2f } .s1C9585A0 { font-family:Arial; font-style:italic; color:#2f2f2f } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s52ED4E6A { margin-top:0pt; margin-bottom:0pt; text-indent:9.05pt; text-align:center; font-size:11pt } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } Published on 13 October 2025   FIFTH SECTION Application no. 31680/23 Taras Mykhaylovych KYTRYSH against Ukraine and 5 other applications (see list appended) communicated on 26 September 2025 SUBJECT MATTER OF THE CASES The applicants have been held in pre-trial detention in Kyiv Pre-Trial Detention Facility since May-June 2023. Some of them were released in December 2023 and some are still in detention. Invoking Article 2 of the Convention, the applicants complain about the absence of an air-raid shelter in the detention facility, which, in the circumstances of the ongoing war in Ukraine and in the view of possible shelling, puts their lives in danger. The applicants also complain under Article   5 §§ 1 and 3 of the Convention that the domestic courts allegedly did not give relevant and sufficient reasons while ordering and extending their detention and set an unreasonable amount of bail. Moreover, the applicants complain under Article 5 § 4 of the Convention that the review of the detention orders by the Kyiv Court of Appeal was not speedy.       QUESTIONS TO THE PARTIES 1.     Has the applicants’ right to life, ensured by Article 2 of the Convention, been put in danger as claimed by them? In particular, have the Government taken appropriate steps to safeguard the applicants’ lives?   2. Did the domestic courts give relevant and sufficient reasons for the purposes of Article 5 §§ 1 and 3 of the Convention while ordering and extending the applicants’ detention? Did they consider alternative measures to the applicants’ continued detention (see Kharchenko v. Ukraine , no.   40107/02, §§ 79-81, 10 February 2011, and Korban v. Ukraine , no.   26744/16, §§ 168-76, 4 July 2019)? Was the amount of bail determined in accordance with Article 5 § 3 of the Convention (see Istomina v. Ukraine , no. 23312/15, §§ 29-32, 13 January 2022)?   3. Did the proceedings concerning the examination of the applicants’ appeals against the detention orders listed in the appended table comply with the requirements of Article 5 § 4 of the Convention, in particular, with that of speediness (see Kharchenko v. Ukraine , no. 40107/02, § 86, 10 February 2011)?   4. Does the Government’s derogation under Article 15 of the Convention apply in the present cases in respect of the applicants’ Article 5 rights? If so, were the decisions, which are the subject of the applicants’ complaints, justified and limited to what is strictly required by the exigencies of the situation?       APPENDIX No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence Nationality Represented by Detention Facility Period of Detention Proceedings complained of under Article   5 § 4 1. 31680/23 Kytrysh v.   Ukraine 18/08/2023 Taras Mykhaylovych KYTRYSH 1977 Kyiv Ukrainian Anna Volodymyrivna CHYSHYNSKA Kyiv Pre-Trial Detention Facility, 24/05/2023 – 22/12/2023 1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 06/07/2023; decision of the Kyiv Court of Appeal delivered on 03/08/2023. 2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 13/09/2023. 3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023. 4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 05/12/2023. 2. 31689/23 Shatylo v.   Ukraine 23/08/2023 Vitaliy Martsinovych SHATYLO 1978 Kyiv Ukrainian Kyiv Pre-Trial Detention Facility, 24/05/2023 – pending 1. Appeal of 26/05/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 24/05/2023; decision of the Kyiv Court of Appeal delivered on 20/07/2023. 2. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 06/07/2023; decision of the Kyiv Court of Appeal delivered on 03/08/2023. 3. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 13/09/2023. 4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 05/12/2023. 3. 31711/23 Kryvak v.   Ukraine 23/08/2023 Oleksandr Andriyovych KRYVAK 1977 Bar Ukrainian Kyiv Pre-Trial Detention Facility, 24/05/2023 – 21/12/2023 1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 07/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023. 2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 13/09/2023. 3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023. 4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 26/12/2023 (the applicant was released on 21/12/2023). 4. 31722/23 Tatskyy v.   Ukraine 23/08/2023 Kostyantyn Vladyslavovych TATSKYY 1966 Poltava Ukrainian Kyiv Pre-Trial Detention Facility, 01/06/2023 – 21/12/2023 1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023. 2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 14/09/2023. 3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 05/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023. 4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 11/01/2024 (the applicant was released on 21/12/23). 5. 31738/23 Vakulenko v.   Ukraine 23/08/2023 Ivan Yevgenovych VAKULENKO 1977 Obukhivka Ukrainian Kyiv Pre-Trial Detention Facility, 24/05/2023 – 21/12/2023 1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 07/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023. 2. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 05/12/2023. 6. 31741/23 Yurchenko v.   Ukraine 23/08/2023 Mykhaylo Borysovych YURCHENKO 1968 Sharovechka Ukrainian Kyiv Pre-Trial Detention Facility, 19/05/2023 – pending 1. Appeal of 10/07/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 06/07/2023; decision of the Kyiv Court of Appeal delivered on 02/08/2023. 2. Appeal of 16/08/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 11/08/2023; decision of the Kyiv Court of Appeal delivered on 14/09/2023. 3. Appeal of 06/10/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 04/10/2023; decision of the Kyiv Court of Appeal delivered on 07/11/2023. 4. Appeal of 10/11/2023 against the decision of the Shevchenkivskyi District Court of Kyiv of 08/11/2023; decision of the Kyiv Court of Appeal delivered on 08/01/2024.