KALUGIN v. UKRAINE - 25688/12 (Judgment : Article 5 - Right to liberty and security : Fifth Section Committee)

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

��������� Carlo Ranzoni , President , ��������� Mattias Guyomar, ��������� Mykola Gnatovskyy , judges , and Martina Keller, Deputy Section Registrar,

the application (no. 25688/12) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) on 11 April 2012 by a Ukrainian national, Mr Aleksandr Aleksandrovich Kalugin (�the applicant�), who was born in 1971 and lives in Kryvyi Rih and who was represented by Mr V.P. Romanov, a lawyer practising in Kryvyi Rih, and Ms D.P. Kovalenko, a lawyer practising in Dnipro;

1.  The application concerns the alleged unlawfulness and the length of the applicant�s pre-trial detention and the trial court�s failure to properly examine his requests for release, in breach of Article 5 �� 1, 3 and 4 of the Convention.

2.  On 11 January 2011 the applicant was arrested in the context of a criminal investigation into abuse of power, breach of home security and forgery of documents. On the same day the Tsentralno-Miskyi District Court in Kryvyi Rih ordered his detention because of his repeated failures to appear before the investigator. Although the court did not set a time-limit for his detention, under the domestic legislation in force at the time it could not have lasted longer than two months, that is, beyond 11 March 2011. On 14 January 2011 the court�s detention order was upheld on appeal.