KADUSHKEVYCH v. UKRAINE

CourtFifth Section Committee (European Court of Human Rights)
Judgment Date20 September 2022
ECLIECLI:CE:ECHR:2022:0920JUD002170214
CounselSENIV T.V.
Date20 September 2022
Application Number21702/14
Respondent StateUcrania
Applied Rules5;5-1;5-3

FIFTH SECTION

CASE OF KADUSHKEVYCH v. UKRAINE

(Application no. 21702/14)

JUDGMENT

STRASBOURG

20 September 2022

This judgment is final but it may be subject to editorial revision.


In the case of Kadushkevych v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

Lado Chanturia, President,
Ganna Yudkivska,
Mattias Guyomar, judges,
and Martina Keller, Deputy Section Registrar,

Having regard to:

the application (no. 21702/14) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Volodymyr Yevgenovych Kadushkevych (“the applicant”), on 3 March 2014;

the decision to give notice to the Ukrainian Government (“the Government”) of the complaints under Article 5 §§ 1 and 3 of the Convention;

the parties’ observations;

Having deliberated in private on 10 March 2022,

Delivers the following judgment, which was adopted on that date:

INTRODUCTION

1. The case concerns the lawfulness of the applicant’s arrest and the justification of his further detention as well as the observance of the procedural guarantees during the court hearing on his detention, under Article 5 §§ 1 and 3 of the Convention.

THE FACTS

2. The applicant was born in 1967 and lives in Kyiv. The applicant was represented before the Court by Mr T.V. Seniv, a lawyer practising in Stryi.

3. The Government were represented by their Agent, Mr I. Lishchyna.

4. The facts of the case, as submitted by the parties, may be summarised as follows.

  1. Criminal proceedings relating to the applicant and his arrest

5. On 1 December 2012 criminal proceedings for fraud and misappropriation, embezzlement and acquisition of property through abuse of office (case no. 091) were instituted against K. by a police investigator in Lviv. The applicant had the status of a witness in those proceedings.

6. According to the police reports dated 10 and 14 August 2013 included in the case file, the applicant failed to appear for an interview with the investigator without giving a valid reason. In view of that, on 15 August and 18 September 2013 the Galytskyi District Court of Lviv (“the Galytskyi Court”) ordered that he be forcibly brought for interviewing.

7. On 28 August 2013 criminal proceedings for fraud (case no. 679) were instituted by the police investigator in Lviv.

8. In the course of the proceedings in case no. 679, the investigator submitted a number of requests to the State authorities enquiring about the applicant’s background; one of the requests indicated the reason for the enquiries as “bringing a prosecution” (привлечение к уголовной ответственности). On 15, 17 and 18 September 2013 the investigator received responses from medical facilities and the police database unit informing him that the applicant had had no psychiatric or drug-related conditions and that there was no data concerning any previous criminal record in the police database.

9. On 18 September 2013 the investigator issued a resolution according to which the applicant, along with another person, both members of an investment company, had acquired money from P. through fraudulent activity. In this connection, the investigator decided to extract certain material from case no. 091 and join it to case no. 679.

10. On 19 September 2013 the applicant was arrested. The parties did not provide a copy of the report of the applicant’s arrest.

11. At 5.05 p.m. on the same day the investigator notified the applicant of his status as a suspect in case no. 679 and at 5.20 p.m. he submitted a request to the Galytskyi Court for the applicant’s detention. The investigator noted in his request that the applicant’s arrest had been carried out in order to interview him in connection with case no. 091.

12. At 6.53 p.m. the Galytskyi Court commenced a hearing to examine the investigator’s request regarding the applicant’s detention. According to the record of the hearing, at 6.55 p.m. the judge announced a break to allow the applicant’s lawyer to familiarise himself with the case file. At 7.08 p.m. the hearing was resumed.

13. That same evening the Galytskyi Court decided to place the applicant in custody. Without providing further details regarding its decision, the court noted that the applicant was suspected of a serious offence and that there were risks of his absconding, hindering the investigation and influencing the witnesses and a victim.

14. The court set bail at 344,100 Ukrainian hryvnias and imposed the following conditions on the applicant in the event...

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