Strasbourg reiterates…


The European Court of Human Rights has yet again found Ukraine’s examination of complaints of torture unsatisfactory.

On 16 February the Court issued its Chamber judgment in the Case of Yatsenko v. Ukraine (no. 75345/01) following an application by Sergei Yatsenko in 2001 concerning events in 1997 when he was subjected to torture in the Kharkiv Regional Department for Combating Organised Crime.  Mr Yatsenko was represented by Arkady Bushchenko.

The Court found, as expected, that the applicant’s allegations of ill-treatment by police officers, initiated on 4 June 1997, were “outside its competence ratione temporis, however, they should be taken into account in order to assess the context and the situation complained of as a whole”.

It found that there had been a breach of the procedural obligation under Article 3 of the Convention in that the applicant’s complaints about his ill-treatment were not investigated in a prompt and effective manner.

This investigation, Arkady Bushchenko notes, has still not been carried out.

The Chamber Judgment can be found in full here

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