CASE OF RUBAN v. UKRAINE
No violation of Article 7 - No punishment without law (Article 7-1 - Heavier penalty;Retroactivity)
Angelika Nußberger;Erik Møse;Ganna Yudkivska;Khanlar Hajiyev;Mārtiņš Mits;Síofra O’Leary
5. The applicant, Mr Vladimir Nikolayevich Ruban, is a Ukrainian national, who was born in 1972 and is currently serving a life sentence. 6. On 13 August 1996 the Voznesensk local prosecutor’s office in the Mykolayiv region started an investigation into the murder of four persons on 12 August 1996. 7. On 18 October 1999 the Donetsk Regional Prosecutor’s Office started investigating the murder of A. 8. On 10 November 1999 the Slavyansk Police Department of the Donetsk region started an investigation into hooliganism concerning R. 9. On 22 November 1999 the above three investigations were joined. Several persons were suspected of committing the above crimes as a group, one of them being the applicant. 10. On 14 December 1999 the Donetsk Regional Prosecutor’s Office formally charged the applicant in absentia with the above crimes. He was also placed on the list of wanted persons. The same day the investigation in respect of the applicant was suspended until he was apprehended; the criminal proceedings continued in respect of the other suspects. 11. On 23 December 2002, the Donetsk Regional Court of Appeal convicted and sentenced G., P. and F. for the above mentioned crimes. 12. On 2 February 2004 the Slavyansk Local Court ordered the applicant’s detention. 13. On 28 June 2007 the applicant was apprehended by the Yartsevo Prosecutor’s Office in the Smolensk region, Russia. 14. On 31 March 2008 the investigation was resumed after the applicant had been extradited to Ukraine. The same day the applicant was formally charged with participation in an organised criminal group together with G., P., F. and two other persons, who had died in the intervening time. The applicant was accused of strangling A., of killing four persons together with G. in 1996 and inflicting grievous bodily harm on R. in a murder attempt, the latter crime in the context of the extortion of R’s brother. All these crimes had been committed as a group. 15. On 22 May 2008 the investigation was completed and on 26 June 2008 the case was transferred to the Donetsk Regional Court of Appeal. 16. On 10 July 2009 the Court of Appeal, acting as a first-instance court, found the applicant guilty of aggravated murder and banditry and sentenced him to life imprisonment. 17. The applicant and his lawyer appealed, considering that the applicant’s guilt had not been proved. 18. On 15 July 2010 the Supreme Court of Ukraine upheld the judgment of 10 July 2009. On that day the applicant’s lawyer submitted an additional appeal claiming that the Court of Appeal had to apply the most favourable wording of the relevant provisions of the Criminal Code, which was that between 29 December 1999 and 29 March 2000 when the death penalty had already been abolished and life imprisonment had not yet been introduced. The Supreme Court in its decision noted that the applicant had been sentenced correctly.