Gladkovskyy v. Ukraine

FIFTH SECTION

Application no. 23946/20 Oleg Volodymyrovych GLADKOVSKYY

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 14 September 2023 as a Committee composed of:

Carlo Ranzoni, President, Lado Chanturia, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 30 April 2020,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr R.A. Volynets, a lawyer practising in Kyiv.

The applicant’s complaints under Article 5 § 1 of the Convention concerning the unlawful detention during the period indicated in the appended table were communicated to the Ukrainian Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that there is no indication that the applicant’s arrest and detention during the period indicated in the appended table were unlawful (compare Trofymenko v. Ukraine , no. 18444/18, §§ 15-19, 4 May 2023 [Committee]).

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 5 October 2023.

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 1 of the Convention

(unlawful detention)

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of unlawful detention

Specific defects alleged by the applicant

Relevant domestic decision

23946/20

30/04/2020

Oleg Volodymyrovych GLADKOVSKYY

1970

Volynets Ruslan Anatoliyovych

Kyiv

17/10/2019 to 19/10/2019

No legal basis for arrest without a prior court decision ( Strogan v. Ukraine ,

no. 30198/11, §§ 88-89, 6 October 2016, and Grubnyk v. Ukraine , no. 58444/15,

§§ 83-85, 17 September 2020)

Arrest report of 17/10/2019