Published on 12 December 2022

FIFTH SECTION

Application no. 9151/17 Oleksandr Anatoliyovych GALYTSKYY against Ukraine lodged on 17 January 2017 communicated on 22 November 2022

SUBJECT MATTER OF THE CASE

The case concerns the applicant’s alleged ill-treatment by staff members of the Kryvyy Rig pre-trial detention centre (“the Kryvyy Rig SIZO”) during his detention there in December 2007, the alleged ineffectiveness of the subsequent investigation into the matter and, as a result, the applicant’s inability to claim any compensation (Articles 3 and 13 of the Convention).

Following the applicant’s arrest on 26 December 2007, his medical examinations on the same and the following day documented the absence of any injuries. According to the applicant, later on 27 December 2007 several persons wearing uniforms, presumably staff members of the Kryvyy Rig SIZO, subjected him to severe beating. Thereafter, the applicant allegedly spent three days in the SIZO’s medical unit, without any medical assistance being provided to him.

On 4 January 2008 the applicant was transferred to a different detention facility. During the period from 24 January to 8 March 2008 he underwent inpatient medical treatment for a closed femoral neck fracture supposedly sustained in late December 2007. Subsequently, the applicant was certified as having a disability (initially of a second degree and later of a third degree (the mildest)) on account of that injury.

On 13 February 2009 the applicant was released and in April 2009 he complained to the prosecution authorities of his alleged ill-treatment and absence of timely medical assistance in the Kryvyy Rig SIZO. The authorities either refused to launch a criminal investigation or discontinued it once launched for the lack of evidence of the applicant’s ill-treatment. Those decisions were quashed on numerous occasions, and further investigation was ordered. According to the applicant’s most recent update in February 2022, the investigation remains pending.

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to treatment or punishment in breach of Article 3 of the Convention during his detention in the Kryvyy Rig SIZO?

2. Having regard to the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation undertaken by the domestic authorities into the applicant’s allegation of ill-treatment in breach of Article 3 of the Convention?

3. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 3, as required by Article 13 of the Convention? In particular, did he have a possibility to claim compensation for the non-pecuniary damage sustained as a result of his alleged ill-treatment (see, for example, Roth v. Germany , nos. 6780/18 and 30776/18, §§ 90-93, 22 October 2020, with further case-law references)?

Your Government are requested to submit copies of all the relevant documents which are presently not in the case file before the Court.