FIFTH SECTION

Application no. 25922/09 Gleb Davidovich SKAND against Ukraine lodged on 10 April 2009

STATEMENT OF FACTS

The applicant, Mr Gleb Davidovich Skand , is a Ukrainian national, who was born in 1971 and lives in Kharkiv .

The facts of the case, as submitted by the applicant, may be summarised as follows.

1. The applicant ’ s ill-treatment

On 18 October 2008 the applicant went out of his apartment onto the staircase to talk to an acquaintance of his. At that moment he was approached by several persons in plain clothes, who later turned out to be police officers. The applicant attempted to return to his apartment but was hit on his head by one the officers. The others also started kicking and punching him and attempted to put a syringe in his pocket. The applicant cried for help.

The officers pushed him to the floor and kept kicking him. Then they took him out of the building and beat him again together with other officers who waited near the car. Then the applicant was handcuffed and pushed into the car, where the officers continued beating and insulting him.

The officers brought the applicant to the Kharkiv Kyivskiy District Police Station and dragged him by force to the third floor. Before bringing him to an office on the third floor the officers also threatened the applicant with a rape. Being unable to bear it any more, the applicant jumped from the third floor having broken the window pane with his head.

The ambulance, which was called to the place of incident, brought the applicant to the Kharkiv City Hospital . He was diagnosed with a closed head trauma, brain concussion, injuries to the head and abdomen and several fractures. The applicant ’ s test for alcohol was negative.

The applicant stayed in hospital until 6 November 2008. He underwent further in-patient treatment between 3 and 15 April 2009.

As a result of the traumas received, the applicant ’ s movement is still seriously impaired.

2. Investigation into ill-treatment

On 21 October 2008 the applicant ’ s parents lodged a complaint with the prosecutor about the applicant ’ s ill-treatment by the police.

On 8 November 2008 the Kharkiv Regional Prosecutor ’ s Office instituted criminal proceedings into possible abuse of power by the police officers.

By letter of 18 November 2008, the Main Department of the Ministry of the Interior in the Kharkiv Region informed the applicant ’ s mother that they had conducted an internal inquiry, brought the responsible persons to disciplinary liability and transferred the materials of their inquiry to the Kharkiv Regional Prosecutor ’ s Office.

The criminal proceedings into the applicant ’ s allegations appear to be still pending.

COMPLAINTS

The applicant complains under Article 3 of the Convention that he was ill-treated by the police and the investigation into the ill-treatment has been lengthy and ineffective.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from torture and inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?