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BABENKO v. UKRAINE

Doc ref: 40453/16 • ECHR ID: 001-222719

Document date: December 19, 2022

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BABENKO v. UKRAINE

Doc ref: 40453/16 • ECHR ID: 001-222719

Document date: December 19, 2022

Cited paragraphs only

Published on 16 January 2023

FIFTH SECTION

Application no. 40453/16 Yuriy Yuryevich BABENKO against Ukraine lodged on 1 July 2016 communicated on 19 December 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s alleged ill-treatment in the context of criminal proceedings against him and lack of effective investigation into those allegations, as well as the length of the criminal proceedings against him.

The applicant refers to Articles 3, 6 and 13 of the Convention.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to ill-treatment by the police on 8 and 9 May 2007, in breach of Article 3 of the Convention?

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 in the present case by the domestic authorities in breach of Article 3 of the Convention?

3. Was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

4. Did the applicant have at his disposal an effective domestic remedy for his Convention complaints, as required by Article 13 of the Convention?

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