CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 août 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s750DB8D0 { margin-top:30pt; margin-bottom:0pt; text-align:center } .s8934192D { margin-top:36pt; margin-bottom:0pt; text-align:center } .s9F87A549 { margin-top:48pt; margin-bottom:12pt; text-align:center } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s6674DD39 { font-family:Arial; font-size:11pt; list-style-position:inside }   Communicated on 28 August 2017   FOURTH SECTION Application no. 881/13 Sergey Vladimirovich GOLOVANOV against Ukraine and 6 other applications (see list appended) SUBJECT MATTER OF THE CASE The applications principally concern the alleged unlawfulness of the applicants’ detention awaiting the determination of the criminal charges brought against them. Some of the applications also concern the allegedly unjustified bail condition, the allegedly unreasonable duration of the applicants’ detention, the alleged lack of speedy and thorough review of the lawfulness of their detention, and the alleged absence of a right to compensation in that regard. In particular, the alleged violations of Article 5 §§ 1, 3, 4 and/or 5 of the Convention took place during the following periods: In so far as application no. 881/13, lodged on 19   December 2012 by Mr   Sergey Vladimirovich Golovanov, a Russian national, is concerned: between 29 May 2009 and 27 April 2015. In so far as application no. 64627/13, lodged on 7 October 2013 by Mr   Fedor Vasilyevich Oksanich, a Ukrainian national, is concerned: between 13 March and 2 September 2013. In so far as application no. 21702/14, lodged on 3 March 2014 by Mr   Volodymyr Yevgenovych Kadushkevych, a Ukrainian national, is concerned: between 18 and 23 September 2013. In so far as applications nos. 42209/15 and 42237/15, lodged on 21   August 2015, respectively, by Mr Oleg Mykolayovych Bilyk and by Mr   Vyacheslav Stepanovych Shovkalyuk, Ukrainian nationals, are concerned: between 1 April 2014 and 2 March 2015. In so far as application no. 27331/16, lodged on 28 April 2016 by Mr   Valentyn Tsezarovych Zhyzitskyy, a Ukrainian national, is concerned: between 9 November 2015 and 3 February 2016. In so far as application no. 11356/17, lodged on 17   March 2016 by Mr   Ivan Ivanovych Bilyy, a Ukrainian national, is concerned: between 17   March 2014 and 17 March 2016. QUESTION tO THE PARTIES As regards all the applications Was the applicants’ detention during the respective periods as specified above in compliance with Article 5 § 1 of the Convention? The Government are invited to address the applicants’ specific complaints under that provision as set out in their applications, including the applicants’ arguments that their detention was not in accordance with the domestic law and/or that the decisions authorising their detention were not based on relevant and sufficient reasons (all the applications, except no. 27331/16), and/or that their detention was not covered by any decision at all (applications nos. 42209/15, 42237/15 and 27331/16). ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 881/13, 64627/13, 42209/15, 42237/15 and 11356/17 Was the length of the applicant’s pre-trial detention during the respective periods as specified above in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention? ADDITIONAL QUESTION tO THE PARTIES As regards application no. 64627/13 Was there a violation of Article 5 § 3 of the Convention, having regard to the applicant’s complaint that the Kyiv Court of Appeal failed to assess his ability to comply with the bail condition, as set out in its decision of 8 April 2013? ADDITIONAL QUESTION tO THE PARTIES As regards application no. 21702/14 Was there a violation of Article 5 § 3 of the Convention, having regard to the applicant’s complaint that he was not given sufficient time and facilities to study the case-file during the hearing of 19 September 2013 concerning the lawfulness of his arrest? ADDITIONAL QUESTION tO THE PARTIES As regards applications nos. 64627/13, 42209/15, 42237/15 AND 11356/17 Was the procedure by which the applicants sought to challenge the lawfulness of their detention during the respective periods mentioned above in conformity with Article 5 § 4 of the Convention, having regard to the applicants’ complaints that the review of the lawfulness of their detention was neither thorough nor speedy? ADDITIONAL QUESTION tO THE PARTIES As regards application no. 11356/17 Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his detention on remand during his trial, as required by Article 5 § 4 of the Convention? ADDITIONAL QUESTION tO THE PARTIES As regards applicationS noS. 64627/13 and 11356/17 Assuming that their pre-trial detention was in violation of paragraphs 1, 3 and/or 4 of Article   5, did the applicants have an effective and enforceable right to compensation, as required by Article 5 § 5 of the Convention?   APPENDIX   No. Application no. Lodged on Applicant Date of birth Place of residence Represented by   881/13 19/12/2012 Sergey Vladimirovich GOLOVANOV 02/01/1968 Kyiv Lyudmila Mikhaylovna KICHUZHINETS   64627/13 07/10/2013 Fedor Vasilyevich OKSANICH 11/06/1956 Kyiv Mykhaylo Oleksandrovych TARAKHKALO   21702/14 03/03/2014 Volodymyr Yevgenovych KADUSHKEVYCH 22/03/1967 Kyiv Taras Volodymyrovych SENIV   42209/15 21/08/2015 Oleg Mykolayovych BILYK 27/03/1981 Kyiv Oleg Viktorovych GURICH   42237/15 21/08/2015 Vyacheslav Stepanovych SHOVKALYUK 24/08/1961 Kyiv Oleg Viktorovych GURICH   27331/16 28/04/2016 Valentyn Tsezarovych ZHYZITSKYY 28/06/1971 Gorodok Maya Stepanivna CHUKHAS   11356/17 17/03/2016 Ivan Ivanovych BILYY 23/09/1984 Pidgorodne Oleksandr Anatoliyovych IGNATOV