FIFTH SECTION      CASE OF RUSLAN YAKOVENKO v. UKRAINE (Application no. 5425/11)   JUDGMENT    STRASBOURG  4 June 2015    FINAL 04/09/2015 This judgment is final.In the case of Ruslan Yakovenko v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Mark Villiger, President, Angelika Nußberger, Boštjan M. Zupančič, Ganna Yudkivska, Vincent A. De Gaetano, André Potocki, Aleš Pejchal, judges,and Milan Blaško, Deputy Section Registrar,Having deliberated in private on 21 April 2015,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application (no. 5425/11) 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, Mr Ruslan Anatoliyovych Yakovenko (“the applicant”), on 17 January 2011.2. The applicant was represented by Mr O.V. Levytskyy, a lawyer practising in Kyiv. The Ukrainian Government (“the Government”) were represented by their then Agent, Mr N. Kulchytskyy.3. The applicant complained of the unlawfulness of his detention and of a violation of his right of appeal in criminal proceedings.4. On 12 December 2012 notice of the application was given to the Government.THE FACTSI. THE CIRCUMSTANCES OF THE CASE5. The applicant was born in 1979 and lives in Korolivka, in the Kyiv Region.6. On 12 July 2010 the Bila Tserkva Town Court (“the Bila Tserkva Court”) found the applicant guilty of inflicting grievous bodily injuries on a certain Mr N. on 12 May 2006. Although this type of crime was punishable with five to eight years’ imprisonment, the court considered it possible to apply a more lenient sanction to the applicant. It had regard, in particular, to the fact that he had pleaded guilty and had shown remorse.

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