30. It appears that in setting bail, the domestic courts did | Свята [кримінальна] Юстиція

30. It appears that in setting bail, the domestic courts did not make an assessment of the applicant’s wealth or assets at the time. The applicant consistently argued that the amount of bail was excessive and disproportionate to her income and asked the domestic courts to reduce it referring, in particular, to her family situation (see paragraph 10 above). However, all her submissions to that effect were rejected by the courts as unsubstantiated without any explanation being given. It appears from the domestic courts’ decisions that the amount of damage allegedly caused by the applicant was the principal reason referred to by the courts in substantiating their decisions setting bail.
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31. The Court observes that the amount of bail set by the District Court was 125 times higher than the maximum amount that could be set for the type of offence the applicant was accused of (see paragraph 6 above). It notes in this connection that although the domestic legislation allowed the court to set higher amounts of bail in “exceptional cases” (see paragraph 19 above), such a decision shall provide a thorough analysis of the circumstances of the case to justify its “exceptional” character.

32. In these circumstances, referring to the principles in the case-law outlined above (see paragraphs 25 and 26 above), the Court finds that by focussing on the amount of damage allegedly caused by the applicant, failing to provide a thorough assessment of all relevant factors including her ability to pay the bail set, and absent satisfactory explanation why bail was set at such exceptionally high level, the domestic courts did not comply with their obligation to provide relevant and sufficient justification for their decisions setting bail, as required by Article 5 § 3 of the Convention. There has accordingly been a violation of that provision.
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FOR THESE REASONS, THE COURT, UNANIMOUSLY,
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2. Holds that there has been a violation of Article 5 § 3 of the Convention as regards the failure of the domestic courts to provide relevant and sufficient justification for their decisions setting bail.