Bringing a person to administrative liability and imposing a penalty in the form of administrative arrest, which is enforced immediately regardless of whether the court decision is appealed, violates the Convention for the Protection of Human Rights and Fundamental Freedoms.

The European Court of Human Rights has issued a ruling in the case of “Martyniuk v. Russia” (No. 13764/15), according to the news outlet “ECHR.Ukrainian Aspect.”

Leonid Martynyuk was arrested on suspicion of hooliganism. An hour later, a police officer drew up a report on the administrative offense, which included statements from another police officer and two witnesses. The following day, the judge heard the suspect and his attorney. The police officer who had drawn up the report was also present; however, the judge rejected the defense’s request to obtain footage from a street surveillance camera. The individual was sentenced to 10 days of administrative detention. The decision was later upheld on appeal, although neither the defendant nor his attorney was present during the hearing.

L. Martynyuk appealed to the European Court of Human Rights. Citing, in particular, Article 6(1) (the right to a fair trial) of the Convention for the Protection of Human Rights and Fundamental Freedoms, he complained of a lack of a fair hearing. He also contended that his rights under Article 2 of Protocol No. 7 (the right to an appeal in criminal cases) had been violated, since the appeal did not have suspensive effect.

The Strasbourg Court agreed with the applicant’s arguments and awarded 2,000 euros in compensation for non-pecuniary damage.

The text of the ECHR’s press release regarding the decision in the case of “Martyniuk v. Russia” (No. 13764/15) translated by Oleksandr Drozdov, President of the Ukrainian Bar Association, and Olena Drozdova, Director of the law firm “Drozdov & Partners,” can be found at the link.

As a reminder, Article 2 of Protocol No. 7 guarantees the right to appeal in criminal cases. Anyone found guilty by a court of a criminal offense has the right to have the finding of guilt or the sentence imposed reviewed by a higher court. The exercise of this right, including the grounds on which it may be exercised, is governed by law. Exceptions to this right may apply in cases of minor offenses as defined by law, or when the person was tried in the first instance by the highest court, or when the person was found guilty and sentenced following an appeal of an acquittal.

Pursuant to Articles 32, 326, and 327 of the Code of Ukraine on Administrative Offenses, administrative arrest is imposed and applied only in exceptional cases for certain types of administrative offenses for a period of up to fifteen days. A court ruling on the imposition of administrative arrest (and arrest with detention in a guardhouse) is enforced immediately upon its issuance. Persons subject to administrative arrest are held in custody at locations designated by the National Police. Upon enforcement of a ruling imposing administrative arrest, those arrested are subject to a personal search.