39693/19;45218/22

FIFTH SECTION CASE OF SAYGOZYYEV AND GOLOSHCHAPOV v. UKRAINE (Applications nos. 39693/19 and 45218/22)             JUDGMENT   STRASBOURG 16 May 2024   This judgment is final but it may be subject to editorial revision. In the case of Saygozyyev and Goloshchapov v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  Mārtiņš Mits, President,  Kateřina Šimáčková,  Mykola Gnatovskyy, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 April 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table 2.  The Ukrainian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of applicants and the relevant details of the applications are set out in the appended table. THE LAW JOINDER OF THE APPLICATIONS 4.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLE 5 § 1 of the Convention 5.  The applicants complained of the unlawful detention. They relied, expressly or in substance, on Article 5 § 1 of the Convention. 6.  The Court reiterates that Article 5 of the Convention is, together with Articles 2, 3 and 4, in the first rank of the fundamental rights that protect the physical security of the individual, and as such its importance is paramount. Its key purpose is to prevent arbitrary or unjustified deprivations of liberty (see Buzadji v. the Republic of Moldova [GC], no. 23755/07, § 84, ECHR 2016 (extracts), with further references). 7.  Where the “lawfulness” of detention is in issue, including the question whether “a procedure prescribed by law” has been followed, the Convention refers essentially to national law and lays down the obligation to conform to the substantive and procedural rules thereof. Compliance with national law is not, however, sufficient: Article 5 § 1 requires in addition that any deprivation of liberty should be in keeping with the purpose of protecting the individual from arbitrariness (see S., V. and A. v. Denmark [GC], nos. 35553/12, 36678/12 and 36711/12, § 74, 22 October 2018, with further references). 8.  The Court found a violation in respect of issues similar to those in the present case in the leading cases set out in the appended table. 9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ detention was not in accordance with Article 5 § 1 of the Convention. 10.  It follows that there has been a violation of Article 5 § 1 of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 11.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Malyk v. Ukraine, no. 37198/10, 29 January 2015), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the applications admissible; Holds that these applications disclose a breach of Article 5 § 1 of the Convention concerning the unlawful detention; Holds (a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 16 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Mārtiņš Mits  Acting Deputy Registrar President     APPENDIX List of applications raising complaints under Article 5 § 1 of the Convention (unlawful detention) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Period of unlawful detention Specific defects Relevant domestic decision Amount awarded for non-pecuniary damage per applicant (in euros)[1] Amount awarded for costs and expenses per application (in euros)[2]     39693/19 15/07/2019 Makhmadsobir Abdukakhorovych SAYGOZYYEV Melnychuk Vasyl Ivanovych Strasbourg 09/01/2019 to 16/01/2019 detention not covered by any judicial order (Kharchenko v. Ukraine, no. 40107/02, §§ 70-72, 10 February 2011) Eighth Court of Appeal, 09/01/2019 1,800     45218/22 14/07/2022 Artem Sergiyovych GOLOSHCHAPOV Shkorka Igor Mykhaylovych Uzhgorod between 16/03/2022 2:30 p.m. - 17/03/2022 3:40 a.m. unacknowledged deprivation of liberty or delay in drawing up arrest report (Belozorov v. Russia and Ukraine, no. 43611/02, §§ 113-15, 15 October 2015, Grubnyk v. Ukraine, no. 58444/15, §§ 71-73, 17 September 2020, and Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018),   no legal basis for arrest without a prior court decision (Strogan v. Ukraine, no. 30198/11, §§ 88-89, 6 October 2016, and Grubnyk v. Ukraine, no. 58444/15, §§ 83-85, 17 September 2020)   1,800   [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.