Kharkiv court awards damages for wrongful detention



The Strategic Litigations Centre has posted an important ruling awarding moral compensation for wrongful detention. The Kievsky District Court in Kharkiv at the end of August heard a civil suit brought by Ihor Myroshnichenko demanding compensation for unlawful actions by detective enquiry, pre-trial investigation bodies, the prosecutor’s office and the courts.

The court awarded 50 thousand UAH in compensation for unlawful detention; the use of handcuffs; failure to inform relatives of the detention; unlawful investigative operations and delay in bringing the claimant to court.

Ihor Myroshnichenko had been seeking 500 thousand, as well as an official apology from the police for unlawful administrative detention; the drawing up of administrative material leading to his being held liable under administrative proceedings and other unlawful behaviour by staff of the Kharkiv City Department of the Ministry of Internal Affairs [MIA]

The events in question began on 6 December 2004 and lasted for more than 48 hours.

The court allowed the claim in part, finding that the claimant had been damaged. However it reduced the amount of compensation to 5 thousand UAH, and rejected the demand that the police issue an official apology. 

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