EPA / UPG

The European court of human rights (ECHR) declared illegal the detention of Gennady Korban in 2015 and violation against him the presumption of innocence. This is stated in the text of the court decision.

“The Court finds that there has been a violation of paragraph 1 of article 5 of the Convention for the protection of human rights and fundamental freedoms in respect of the arrest of the applicant on 31 October 2015, and his re-arrest on 3 November 2015”, – stated in the court decision.

The document notes that in cases when we are talking about the “legality” of detention, including the question whether “a procedure prescribed by law”, the Convention mainly refers to national law and establishes the obligation to abide by its substantive and procedural rules.

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The court notes that in accordance with Ukrainian legislation, deprivation of liberty without a reasoned court decision was possible only in a limited number of situations defined with sufficient precision. Thus, article 29 of the Constitution permitted such a measure for a period of not more than three days only in response to the urgent need to prevent or suppress crime. In accordance with article 208 of the CCP, the investigator may arrest a person, particularly if the latter was caught during the crime, was identified by witnesses or victims as the offender, or had clear traces of the crime on his person or clothes immediately after the crime.

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The ECtHR emphasises that the Respondent government have not demonstrated that any of these conditions was fulfilled in the applicant’s case. The court notes that the investigator had no authority to arrest Korban without a court order.