CASE OF VOLYANYK v. UKRAINE
Violation of Article 5 - Right to liberty and security (Article 5-1-c - Reasonably necessary to prevent fleeing;Reasonably necessary to prevent offence)
Aleš Pejchal;Helena Jäderblom
4. The applicant worked as a deputy chief guard in “Lviv Railways”, a State-owned company. 5. On 26 October 2009 the police instituted criminal proceedings against the applicant suspecting that he, against bribes, had covered up thefts from the company’s premises in conspiracy with S. and D. 6. On 3 November 2009 the Galytskyy District Court of Lviv ordered the applicant’s pre-trial detention stating that “[The applicant] committed serious crimes, he does not admit his guilt, if at liberty [he] will influence witnesses and other persons involved in the criminal case. [As the applicant] works as a policeman, [he] is well aware of how to obstruct the investigation and justice”. There is no evidence in the case-file that the applicant worked as a policemen prior to or during the events described in the present application. It remains unknown whether S. and D. were also arrested or remained at liberty. 7. On 9 November 2009 the Lviv Regional Court of Appeal upheld this decision. 8. On 25 December 2009 the Galytskyy Court extended the applicant’s detention until 26 February 2010 on the grounds that “not all the applicant’s accomplices were detained ... [the investigative authorities] keep receiving complaints [from persons who gave bribes to the applicant]. If at liberty the applicant will have an opportunity to obstruct the investigation or abscond”. On 30 December 2009 the Court of Appeal upheld this decision. 9. On 22 February 2010 the Galytskyy Court extended the applicant’s detention until 26 April 2010 stating that “the accused committed serious crimes, he does not admit his guilt and refuses to testify, while if at liberty [the applicant], who has higher education and extensive work experience [as a guard], might influence witnesses, obstruct the investigation and abscond”. 10. On 22 April 2010 the Lviv Regional Court of Appeal prolonged the applicant’s detention until 26 July 2010 stating that there was a need to carry out a number of investigative measures in the case, the applicant was charged with serious crimes, he might abscond, obstruct the investigation, or continue his criminal activities. 11. On an unspecified date the preliminary investigations in the applicant’s case were completed and the case was submitted to the Sykhiv District Court of Lviv for trial. 12. On 17 August 2010 the Sykhiv District Court, holding a preliminary hearing in the criminal case against the applicant, upheld the applicant’s preventive measure without providing any reasons for doing so or fixing a time-limit for the applicant’s detention. 13. On 16 February 2012 the Sykhiv Court allowed the applicant’s request for change of a preventive measure on health grounds. On the same date the applicant was released against an undertaking not to abscond.