Nearly Seven Years in Custody: How Solicitors Restored the Right to Liberty via the ECHR

Prolonged detention is one of the most sensitive issues in criminal law. In many cases, a restrictive measure effectively transforms into a punishment, violating fundamental human rights. One such instance became a focal point for the Riyako & Partners team when a client, who had been held in custody for years, sought our assistance.

For several years, the restrictive measure remained in force without proper justification: the court of first instance issued two convictions, both of which were subsequently challenged on appeal. This situation directly contravened Article 5 of the European Convention on Human Rights, which guarantees the right to liberty and security of person.

When the national justice system fails to function correctly, recourse to the European Court of Human Rights (ECHR) becomes essential. It was a ruling from this Court that proved pivotal in the case, confirming the human rights violation and facilitating the client's release after nearly seven years in detention.

Our Actions The legal team at Riyako & Partners, alongside specialists in ECHR defence led by Oleksandr Shevtsov, undertook comprehensive work on behalf of the client:

• Prepared and filed a substantiated motion with the Court of Appeal to vary the client's restrictive measure;
• Justified the legal position by citing the ECHR ruling in the case of “X and Others v. Ukraine”;
• Successfully secured a judicial review of the court's position and the client’s release from custody.

This decision was not only a victory for the client but also a significant precedent for the protection of human rights in Ukraine. We believe that even in the most complex cases, the right to liberty can be upheld through consistent and intellectual legal action.