FIFTH SECTIONCASE OF KRYZHANOVSKYY AND OTHERS v. UKRAINE(Applications nos. 16218/17 and 4 others – see appended list)      JUDGMENT    STRASBOURG6 October 2022This judgment is final but it may be subject to editorial revision.In the case of Kryzhanovskyy and Others v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Stéphanie Mourou-Vikström, President, Ivana Jelić, Kateřina Šimáčková, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 19 May 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 excessive length of their pre-trial detention. In applications nos. 76701/17 and 21796/21, the applicants 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 § 3 OF THE CONVENTION6. The applicants complained principally that their pre-trial detention had been unreasonably long. They 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.”7. 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).8. 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.9. Having examined all the material submitted to it and the Government’s objection as to the application of the six-month rule in application no. 21796/21, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility (see, mutatis mutandis, Idalov v. Russia [GC], no. 5826/03, §§ 122-33, 22 May 2012, on application of the six-month rule for multiple consecutive periods of detention for the purpose of examination of Article 5 § 3 complaints), 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 applicants’ pre-trial detention was excessive.10. In applications nos. 76701/17 and 21796/21, the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground.

Outcome for Article 5: violation