Case of European Court of Human Rights, January 09, 2020 (case US v. UKRAINE)

Defense:UKRAINE
Resolution Date:January 09, 2020
SUMMARY

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)

 
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FIFTH SECTION

CASE OF US v. UKRAINE

(Application no. 41467/11)

JUDGMENT

STRASBOURG

9 January 2020

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

In the case of Us v. Ukraine,

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

Yonko Grozev, President,Gabriele Kucsko-Stadlmayer,Lado Chanturia, judges,and Milan Blaško, Deputy Section Registrar,

Having deliberated in private on 3 December 2019,

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

PROCEDURE

  1. The case originated in an application (no. 41467/11) 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 Sergiy Ivanovych Us (“the applicant”), on 24 June 2011.

  2. The applicant was represented by Ms S. Netidova, a lawyer practising in Yuzhnoukrainsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr I. Lishchyna, of the Ministry of Justice.

  3. The applicant alleged under Article 5 § 1 of the Convention that his detention at the police station between 13 and 14 October 2010 had not been documented.

  4. On 16 April 2018 the Government were given notice of the above complaint, and the remainder of the application was declared inadmissible, pursuant to Rule 54 § 3 of the Rules of Court.

    THE FACTS

    THE CIRCUMSTANCES OF THE CASE

  5. The applicant was born in 1970 and lives in Voznesensk.

  6. According to the applicant, on 13 October 2010 police officers came to his home requesting him to appear at the local police station at 3 p.m. on the same day. Having been escorted to the Voznesensk police station, the applicant was questioned about his relationship with T., whose dead body had been found.

  7. According to the record of his questioning, the applicant was questioned as a witness between 4.25 p.m. and 7.10 p.m. on 13 October 2010. According to the applicant, the police officers handcuffed and ill-treated him in order to pressure him into confessing to the murder of T. Since then the applicant was in an interrupted detention until his formal arrest on 14 October 2010 (see paragraph 8 below).

  8. On 14 October 2010, after the applicant had confessed to the murder of T., an investigator from the Voznesensk police station formally documented his arrest. According to the arrest record, the process of arresting the applicant took ten minutes – from 3.30 p.m. until 3.40 p.m. on 14 October 2010.

  9. On 15 October 2010 the local court ordered the applicant’s detention on remand as from 14...

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