KACHUROVSKYY v. UKRAINE
Doc ref: 6312/16 • ECHR ID: 001-211658
Document date: July 27, 2021
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Published on 16 August 2021
FIFTH SECTION
Application no. 6312/16 Bogdan Anatoliyovych KACHUROVSKYY against Ukraine lodged on 16 January 2016 c ommunicated on 27 July 2021
SUBJECT MATTER OF THE CASE
The application concerns the effectiveness of investigations into ill ‑ treatment.
In particular, on 6 July 2015, between 2 and 9 a.m., before the police was informed and arrived, private security employees locked the applicant in a food truck at a peach field for suspicion of stealing peaches.
The authorities refused to investigate the applicant ’ s complaints about ill ‑ treatment considering the applicant ’ s criminal complaint to be a defence strategy in a criminal case opened against him.
Relying on Article 3 of the Convention, the applicant complained that he was provided with no food, water or warm clothes while being locked in a food truck and that the investigation into his ill-treatment was ineffective.
QUESTION TO THE PARTIES
Do the facts of the case disclose a violation of Article 3 of the Convention? In particular, did the authorities carry out an effective investigation into the applicant ’ s complaint that he had been ill-treated by private individuals (see Denis Vasilyev v. Russia, no. 32704/04, §§ 98-100, 17 December 2009; Biser Kostov v. Bulgaria, no. 32662/06, §§ 75-79, 10 January 2012; and Aleksandr Nikonenko v. Ukraine, no. 54755/08, §§ 43-44, 14 November 2013)?