The ECHR Ruled in Favor of Businessman Volodymyr Trofymenko in the "Trade Commodity" Case

The Court found that the entrepreneur's rights had been violated and awarded him compensation

The European Court of Human Rights (ECHR) has ruled in favor of Ukrainian businessman Volodymyr Trofymenko, finding that his rights were violated during criminal proceedings related to the case involving the procurement of fuel for Ukraine's Ministry of Defense through the company "Trade Commodity".

Criminal proceedings concerning Trofymenko's alleged involvement in the case were initiated in September 2016. The businessman consistently denied any involvement in the acts of which he was accused.

In October 2017, detectives from Ukraine's National Anti-Corruption Bureau (NABU) detained Trofymenko without a prior court order, relying on legal provisions that they argued permitted such detention in cases involving complex corruption offenses. However, the Solomianskyi District Court of Kyiv ruled that the detention was unlawful. Trofymenko was subsequently released from custody and placed under a personal recognizance measure, requiring him to comply with certain procedural obligations while remaining at liberty.

The indictment was submitted to the High Anti-Corruption Court (HACC) on October 4, 2019. Following the preliminary hearing, the court returned it to the prosecutor's office for revision, meaning that the substantive trial did not begin until 2020. To date, however, no final judgment has been issued.

Human rights advocates have repeatedly drawn attention to the prolonged duration of the proceedings, linking the delays to systemic problems in the functioning of the High Anti-Corruption Court. During the course of the trial, which has now lasted more than six years, the prosecution reduced the estimated damages alleged in the case by nearly two-thirds.

Meanwhile, Volodymyr Trofymenko filed an application with the European Court of Human Rights (ECHR), arguing that his detention without a court order had been unlawful, that the domestic courts had failed to properly examine his complaints, and that he had been denied an effective opportunity to obtain compensation for the violation of his rights.

After considering the application, on May 4, 2023, the ECHR found that the European Convention on Human Rights had been violated and awarded the applicant compensation for non-pecuniary damage, as well as reimbursement of his legal costs and expenses.

In its judgment, the ECHR found a violation of Article 5 § 4 of the Convention, noting that the applicant had challenged the lawfulness of his detention without a court order on two occasions—first during the proceedings concerning the imposition of a preventive measure, and later through habeas corpus proceedings. In both instances, however, the domestic courts failed to give proper consideration to his arguments. The Court also found a violation of Article 5 § 5 of the Convention, concluding that there was no effective mechanism enabling the applicant to exercise his right to compensation.

Taken together, the prolonged duration of the proceedings, repeated procedural changes, the prosecution's substantial reduction of its claims, and the ECHR's findings regarding violations of procedural safeguards raise serious questions about the lawfulness of the criminal prosecution of Volodymyr Trofymenko in the "Trade Commodity" case.