Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
60693/09

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC006069309

FIFTH SECTION

DECISION

Application no. 60693/09

Aleksey Igorevich SOKOLOV

against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 12 September 2019 as a Committee composed of:

André Potocki, President,

Ganna Yudkivska,

Yonko Grozev, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 6 November 2009,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant's details are set out in the appended table.

The applicant was represented by Mr Sedykh, a lawyer practising in Luhansk, Ukraine.

The applicant's complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Ukrainian Government ("the Government"). Complaints based on the same facts were also communicated under Article 5 §§ 1 (c) and 4 of the Convention.

Uzasadnienie prawne

THE LAW

Complaints under Article 5 § 3 of the Convention (excessive length of pre-trial detention), Article 5 § 1 (c) (unlawful deprivation of liberty) and Article 5 § 4 (courts' failure to provide sufficient reasons for dismissing the applicant's petitions for release)

Having examined all the material before it, the Court observes that the Zhovtnevyy Local Court of Luhansk convicted the applicant on 2 March 2009; from that date on Article 5 §§ 1 (c), 3 and 4 of the Convention cease to apply, as the person is detained "after conviction by a competent court" within the meaning of Article 5 § 1 (a) (see, mutatis mutandis, Borisenko v. Ukraine, no. 25725/02, §§ 35-44, 12 January 2012, and mutatis mutandis, Ustyantsev v. Ukraine, no. 3299/05, §§ 73-84, 12 January 2012). The Court further notes that the applicant introduced his application on 6 November 2009, more than six months later.

In view of the above, the Court finds that the applicant's complaints were lodged out of time for the purposes of Article 35 § 1 of the Convention and must be rejected pursuant to Article 35 § 4.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Declares the application inadmissible.

Done in English and notified in writing on 3 October 2019.

Liv Tigerstedt

André Potocki

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

Application no.

Date of introduction

Applicant's name

Date of birth

Period of detention

Length of detention

Other complaints under well-established case-law

60693/09

06/11/2009

Aleksey Igorevich Sokolov

04/12/1976

22/03/2007 to

02/05/2009

2 years, 1 month and 11 days

Art. 5 (1) [c] - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis:

Unjustified arrest of the applicant on 22 March 2007 and the decision of the Zhovtnevyy Court of 30 March 2007 to extend his detention in police custody to ten days in order to obtain further information on his character (Khayredinov v. Ukraine, no. 38717/04, §§ 27-31, 14 October 2010, and Barilo v. Ukraine, no. 9607/06, §§ 92-98, 16 May 2013);

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: the courts failed to provide sufficient reasons for dismissing the applicant's petitions for release.