Kornev and Karpenko v Ukraine (App no 17444/04) ECHR 21 October 2010

The applicants are Denis Kornev and his mother, Larisa Karpenko, two Ukrainian nationals who were born in 1984 and 1951 respectively, and live in Kharkiv (Ukraine). Relying on Article 5 § 3 (right to liberty and security), Mr Kornev complains that, arrested in May 2003 on suspicion of supplying drugs, he was kept in custody for eight days before being brought before a judge. He further alleges that his ensuing conviction was unfair as he had not been given the opportunity to question the main witness against him, in breach of Article 6 § 3 (d) (right to obtain attendance and examination of witnesses). His mother, who was found guilty of contempt of court on 2 December 2003 and sentenced to 15 days’ administrative detention – later replaced by a fine – for entering the office of the judge dealing with her son’s case with a support group and refusing to leave, complains that she was not given adequate time and facilities to prepare her defence, in breach of Article 6 §§ 1 and 3 (b) (right to a fair trial). 

(citation from the official press-release prepared by the Registry Office of the  European Court of Human Rights)