FIFTH SECTIONCASE OF BEZYAZYKOV AND VOLOVYK v. UKRAINE(Applications nos. 44245/17 and 2 others –see appended list)      JUDGMENT STRASBOURG24 October 2024 This judgment is final but it may be subject to editorial revision.In the case of Bezyazykov and Volovyk v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Kateřina Šimáčková, President, Mykola Gnatovskyy, Artūrs Kučs, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 3 October 2024,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 deficiencies in proceedings for review of the lawfulness of detention. In application no. 38089/23 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 § 4 of the Convention6. The applicants complained principally of the deficiencies in the proceedings for review of the lawfulness of their detention. They relied, expressly or in substance, on Article 5 § 4 of the Convention.7. The Court reiterates that under Article 5 § 4 of the Convention, arrested or detained persons are entitled to a review bearing upon the procedural and substantive conditions which are essential for the “lawfulness”, in the sense of the Convention, of their deprivation of liberty (see Lietzow v. Germany, no. 24479/94, § 44, ECHR 2001-I). It is true that the provision in question does not compel the Contracting States to set up a second level of jurisdiction for the examination of the lawfulness of detention and for hearing applications for release. Nevertheless, a State which institutes such a system must in principle accord to the detainees the same guarantees on appeal as at first instance (see Fodale v. Italy, no. 70148/01, § 39, ECHR 2006-VII).8. In the leading cases of Lebedev v. Russia (no. 4493/04, §§ 109-15, 25 October 2007), Kharchenko v. Ukraine, (no. 40107/02, §§ 84-87, 10 February 2011) and Korneykova v. Ukraine (no. 39884/05, §§ 69-70, 19 January 2012) the Court found a violation in respect of issues, similar to those in the present case (see the appended table).9. 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.10.

Outcome for Article 5: violation