FIFTH SECTIONCASE OF YELNIK v. UKRAINE(Application no. 10444/13)      JUDGMENT STRASBOURG6 February 2020 This judgment is final but it may be subject to editorial revision.In the case of Yelnik v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Gabriele Kucsko-Stadlmayer, President, Mārtiņš Mits, Lәtif Hüseynov, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,Having deliberated in private on 16 January 2020,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 29 January 2013.2. The Ukrainian Government (“the Government”) were given notice of the application.THE FACTS3. The applicant’s details and information relevant to the application are set out in the appended table.4. The applicant complained of the excessive length of his pre-trial detention. The applicant also raised another complaint under Article 6 § 1 of the Convention.THE LAWALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION5. The applicant complained principally that his pre-trial detention had been unreasonably long. He relied on Article 5 § 3 of the Convention, which reads as follows:Article 5 § 3“3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”6. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006‑X, with further references).7. In the leading cases of Kharchenko v. Ukraine (no. 40107/02, 10 February 2011) and Ignatov v. Ukraine (no. 40583/15, 15 December 2016), the Court already found a violation in respect of issues similar to those in the present case.8. 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 length of the applicant’s pre-trial detention was excessive.9. The applicant submitted another complaint under Article 6 § 1 of the Convention about the excessive length of criminal proceedings, which also raised issues under the Convention, given the relevant well-established case‑law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground.

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