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Grubnyk v. Ukraine, No. 58444/15, ECtHR (Fifth Section), 17 September 2020


Terrorism. Lawfulness of detention. Right to liberty and security. Violation of arts. 5 and 6 ECHR. 

Normative references

Art. 5 ECHR
Art. 6 ECHR


1. The applicant was arrested because he was suspected to have participated in a terrorist attack in Odessa without a previous decision of an independent authority. Moreover, his arrest report was made available with delay. This amounts to a violation of art. 5 ECHR. 

2. There has been a violation of the presumption of innocence (protected by art. 6 ECHR) because, before a final judgment, the arrest report expressed the opinion that the defendant was guilty.