FIFTH SECTIONCASE OF SHTEPA v. UKRAINE(Application no. 16349/17)   JUDGMENT This version was rectified on 21 January 2020under Rule 81of the Rules of Court. STRASBOURG24 October 2019    This judgment is final but it may be subject to editorial revision. In the case of Shtepa v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Gabriele Kucsko-Stadlmayer, President, Yonko Grozev, Lado Chanturia, judges,and Milan Blaško, Deputy Section Registrar,Having deliberated in private on 1 October 2019,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application (no. 16349/17) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Ms Nelya Igorivna Shtepa (“the applicant”), on 17 February 2017.2. The applicant was represented by Mr O.V. Tananakin, a lawyer practising in Kyiv. The Ukrainian Government (“the Government”) were represented by their Agent, Mr I. Lishchyna, from the Ministry of Justice.3. The applicant complained, under Article 5 § 3 of the Convention, that her pre-trial detention had been lengthy and unjustified. She further complained, under Article 6 § 1 of the Convention, that the criminal proceedings against her had been unreasonably long.4. On 17 October 2017 the Court rejected the applicant’s request for an interim measure under Rule 39 of the Rules of Court, to provide her with necessary medical treatment in detention. On 20 April 2018 the application was granted priority under Rule 41 of the Rules of Court.5. On 11 September 2018 notice of the application was given to the Government.THE FACTSTHE CIRCUMSTANCES OF THE CASE6. The applicant was born in 1962 and lives in Slovyansk.7. The applicant was the mayor of Slovyansk between November 2010 and April 2014.8. On 12 July 2014 criminal proceedings on a charge of infringement of State sovereignty and inviolability were instituted against the applicant. On the same day the investigator requested the court to detain her pending completion of the investigation, relying on the seriousness of the charges against her and the risk that she might abscond and hinder the investigation by witnesses tampering or destroying or concealing evidence, or that she might pursue her criminal activity.9. On 13 July 2014 the Kharkiv Chervonozavodskyi District Court (“the District Court”) ordered the applicant’s detention within the framework of the above proceedings. The relevant decision stated that she was accused of a serious offence, and that she might otherwise escape and hinder the investigation or continue with her criminal activity. It was also mentioned in the court decision that the applicant was not living at her registered address in Slovyansk[1]. No further details of the above-mentioned reasons were provided by the court.10. In the meantime, additional terrorism charges were brought against the applicant.11. On 13 February 2015 the District Court committed the applicant for trial. Given that the parties did not submit any requests to change or revoke the preventive measure, the court ruled that the applicant’s detention was deemed extended until 14 April 2015[2].12. In the course of the pre-trial investigation and the trial, the courts, at the request of the prosecution, extended the applicant’s detention on remand on twenty occasions in total. In their reasoning for the decisions on the applicant’s continued detention the courts referred to the same grounds as those mentioned in the court decision of 13 July 2014 (see paragraph 9 above). In some decisions the courts, without providing further details, additionally noted that:(i)  the applicant had failed to present evidence confirming that the risks in favour of her detention that had previously been assessed by the courts were no longer pertinent;(ii)  the applicant as former city mayor might influence witnesses;(iii)  the applicant’s arguments in favour of her release did not outweigh the public interest in keeping her detained; and(iv)  the provisions of the Code of Criminal Procedure barred the use of any preventive measures other than pre-trial detention in her case.13. In the course of the court hearing on 20 September 2017, the prosecution, relying on reasons similar to those given earlier (see paragraph 8 above), requested the District Court to extend the applicant’s detention for another term. The court found that the prosecution had failed to prove the existence of the risk that the applicant might abscond and hinder the investigation. The court changed the preventive measure in respect of the applicant to house arrest, having released her from detention. When deciding on the applicant’s release, the District Court took note of the fact that the applicant had a family and a permanent place of residence in Slovyansk (the same place the applicant had prior to her arrest in July 2014, see paragraph 9 above), had no criminal record, had previously served as a city mayor and had a good reputation.14. The criminal case against the applicant is currently pending before the trial court.15. According to the applicant, in the course of the trial, nineteen of the judges who heard her case withdrew, were disqualified or were dismissed, took sick or paternity leave under pressure from the prosecution, or quit their career entirely. As a result, the trial was restarted four times.16. In the course of the trial, the court held 69 hearings in total. On 32 occasions the court dealt with the merits of the case (hearing the parties’ submissions and the witness testimony, and examined the evidence).THE LAWALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION17. The applicant complained that the decisions of the domestic courts ordering her pre-trial detention had been arbitrary and lacked reasoning. She further complained that her detention had been unreasonably long. She relied on Article 5 § 3 of the Convention, which reads as follows:“... 3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power, and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial ...”Admissibility18. The Court notes that these complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.Merits19. The applicant submitted that her detention had been based solely on the seriousness of the crimes of which she stood accused. She further stated that the courts had failed to give relevant and sufficient reasons for her detention, which had been unreasonably long, and that there had been no risk of her absconding from justice.20. The Government submitted that the applicant’s detention had been under the permanent supervision of the courts, which had provided reasoned decisions for that measure. They further maintained that the applicant’s detention had been justified by the risk of her absconding from justice.21. The applicable general principles are set out in Buzadji v. the Republic of Moldova ([GC], no. 23755/07, §§ 84-91 and 102, 5 July 2016).22. Turning to the circumstances of the present case, the Court observes that the applicant was held in detention within the meaning of Article 5 § 1 (c) of the Convention from 13 July 2014 to 20 September 2017. Her pre‑trial detention therefore lasted for around three years and three months.23. The Court observes that, contrary to the Government’s argument, the District Court’s decision of 13 July 2014 did not contain clear and precise reasons for the applicant’s detention but simply referred to the investigator’s submissions, without any examination of the plausibility of the grounds invoked by the latter (see paragraphs 8 and 9 above).24. The Court further observes that the seriousness of the charges against the applicant and the risk of her absconding or interfering with the investigation were mentioned in the initial order for her detention (ibid.). However, that reasoning did not evolve with the passage of time and continued to consist of the same formulaic and stereotypical conclusions (see paragraph 12 above). Moreover, when committing the applicant for trial on 13 February 2015, the District Court maintained the applicant’s detention but without giving any reasons whatsoever for its decision (see paragraph 11 above).25. The Court particularly notes that, in the present case, the domestic courts repeatedly justified the applicant’s further detention by the absence of reasons to release her, while Article 5 § 3 of the Convention implies an opposite approach and requires the national authorities to indicate grounds for the person’s continuing detention (see Neumeister v. Austria, 27 June 1968, § 4, Series A no. 8).[3]26. The Court has often found a violation of Article 5 § 3 of the Convention in cases against Ukraine on the basis that, even for lengthy periods of detention, the domestic courts referred to the same set of grounds, if there were any, throughout the period of the applicant’s detention (see, for example, Komarova v. Ukraine, no. 13371/06, §§ 77-81, 16 May 2013).27. Having regard to the above, the Court considers that by failing to address specific facts or consider alternatives to pre-trial detention and by relying essentially and routinely on the seriousness of the charges, the authorities extended the applicant’s detention pending trial on grounds which cannot be regarded as “sufficient” and “relevant” such as to justify its duration.28.

Article of the Convention at issue: Article 5
Outcome: violation