CASE OF CHANYEV v. UKRAINE
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Non-pecuniary damage - award
Aleš Pejchal;André Potocki;Ann Power-Forde;Ganna Yudkivska;Helena Jäderblom;Mark Villiger;Vincent A. De Gaetano
4. The applicant was born in 1983 and lives in Izmayil. 5. On 28 November 2012 the applicant was arrested by the police on suspicion of having murdered Mr S. earlier the same day. 6. On 30 November 2012 the investigating judge of the Reni Local Court of the Odessa Region ordered the applicant’s pre-trial detention until 27 January 2013. 7. On 25 January 2013 the investigating judge extended the applicant’s pre-trial detention until 27 February 2013. 8. On 26 February 2013 the indictment in the applicant’s case was approved. 9. On 27 February 2013 the indictment and the criminal case file were forwarded by the prosecutor to the court. 10. On 28 February 2013 the applicant’s lawyer requested the Head of the Izmail SIZO to release the applicant immediately given that the period of detention ordered by the court had expired on 27 February. By a letter of the same day, the Head of the Izmail SIZO replied to the applicant’s lawyer that, under the Code of Criminal Procedure, after the forwarding of the criminal case file to the trial court it was for that court to decide on the applicant’s continued detention. 11. The same day the lawyer complained to the prosecutor about the failure of the prison authorities to release the applicant. In reply to that letter, the Odessa Regional Prosecutor’s Office informed the applicant’s lawyer that the applicant’s pre-trial detention had been extended in January 2013 until 27 February 2013 and that on the latter date the criminal case file against the applicant had been forwarded to the trial court; the prosecutor’s office therefore considered that the applicant’s rights and interests had not been violated. 12. On 11 March 2013 the lawyer submitted a request to the investigating judge for the applicant’s release. He noted that the applicant’s pre-trial detention ordered by the judge had expired on 27 February 2013 and that no decision had been taken on the applicant’s continued detention. 13. On 14 March 2013 the investigating judge rejected the above request. With reference to Article 331 § 3 of the Code of Criminal Procedure (“the CCP”), the judge noted that on the last date of the applicant’s pre-trial detention, that is, on 27 February 2013, his criminal case had been referred to the trial court, which had two months to decide on his continued detention. The judge concluded that there had been no grounds for the applicant’s release on 28 February 2013. 14. On 25 March 2013 the Odessa Regional Court of Appeal upheld the decision of 14 March 2013. 15. On 15 April 2013 the Izmayil Local Court of the Odessa Region held a preliminary hearing in which it ordered the applicant’s continued detention. 16. On 5 November 2013 the applicant was found guilty of murder and sentenced to eleven years’ imprisonment.