Godyna and Kulachuk v. Ukraine

FIFTH SECTION

Applications nos. 13040/23 and 18325/23

Pavlo Panasovych GODYNA against Ukraine and Vasyl Mykhaylovych KULACHUK against Ukraine (see appended table)

The European Court of Human Rights (Fifth Section), sitting on 11 July 2024 as a Committee composed of:

Carlo Ranzoni , President , Mārtiņš Mits, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 5 § 3 of the Convention concerning the lack of relevant and sufficient reasons for detention were communicated to the Ukrainian Government (“the Government”).

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In the present applications, having examined all the material before it, the Court considers that there were sufficient grounds for the applicants’ initial detention, as well as for its subsequent prolongations in view of the existence of a reasonable suspicion of having committed serious offences, as well as due to the risks of the applicants’ absconding and or tampering with witnesses given their personal situation and the specific circumstances of the case.

The Court therefore finds that the applicants’ detention was based on relevant and sufficient grounds. It also does not observe any delays on the part of authorities’ while dealing with the applicants’ detention.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 5 September 2024.

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(lack of relevant and sufficient reasons for detention)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of detention

Court which issued detention order/ examined appeal

13040/23

06/03/2023

Pavlo Panasovych GODYNA

1960

Brovko Oleksandr Olegovych

Dnipro

16/02/2023 - 29/03/2023

Dniprovskyy Court of Appeal

18325/23

12/04/2023

Vasyl Mykhaylovych KULACHUK

1967

Samulyak Mykhaylo Yuriyovych

Ternopil

14/12/2022 - 27/04/2023

Ternopil Court of Appeal