FIFTH SECTIONCASE OF GRYSHKO AND KOSHLYAK v. UKRAINE(Applications nos. 72970/13 and 12818/16)      JUDGMENT STRASBOURG24 February 2022 This judgment is final but it may be subject to editorial revision.In the case of Gryshko and Koshlyak v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Lətif Hüseynov, President, Lado Chanturia, Arnfinn Bårdsen, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 3 February 2022,Delivers the following judgment, which was adopted on that date:PROCEDURE1. 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 FACTS3. The list of applicants and the relevant details of the applications are set out in the appended table.4. The applicants complained of the unlawful detention. In application no. 72970/13 the applicant also raised other complaints under the provisions of the Convention.THE LAWJOINDER OF THE APPLICATIONS5. 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 Convention6. The applicants complained principally of the unlawful detention. They relied, expressly or in substance, on Article 5 § 1 of the Convention, which reads as follows:Article 5 § 1“1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:...(c)  the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;”7. 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 deprivation of liberty (see Buzadji v. the Republic of Moldova [GC], no. 23755/07, § 84, ECHR 2016 (extracts), with further references).8. 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 the 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).9. In the leading cases of Kharchenko v. Ukraine, no. 40107/02, §§ 74‑76, 10 February 2011, Strogan v. Ukraine, no. 30198/11, §§ 88-89, 6 October 2016 and Grubnyk v. Ukraine , no. 58444/15, §§ 83-85, 17 September 2020, the Court already found a violation in respect of issues similar to those in the present case.10. 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.11. In application no. 72970/13 the applicant submitted another complaint which also raised an issue 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