The Court condemns violations of the lack of investigation of the arrested applicant and of mistreatment by the police

JUDGMENT

Sadkov v. Ukraine 06-07-2017 (no.  21987/05)

see here 

SUMMARY

The applicant complained of human rights violations during his arrest, prosecution and conviction in respect of the crime of robbery and manslaughter.

The ECtHR found that there had been a violation of Article 3 (procedural aspect – investigation) as the authorities failed to conduct an effective investigation into the applicant’s complaints of ill-treatment by the police. In addition, violation of Article 3 (inhuman and degrading treatment) in relation to the same ill-treatment by the police between 11 and 12 June 2004 and violation of Article 5 (1) and (4) as regards temporary detention, which lasted nearly 13 months .

PROVISIONS

Article 3

Article 5

Article 6

PRINCIPAL FACTS

The applicant, Vitaliy Anatolyevich Sadkov, is a Ukrainian national who was born in 1978 and lives in Ukraine. He complained of a number of human rights violations in the course of his arrest, prosecution and conviction for robbery and murder. Mr Sadkov was arrested in June 2004 and held by the police or in pre-trial detention until his conviction in March 2007 (after which he was sentenced to 15 years’ imprisonment).

Relying on Article 3 (prohibition of inhuman or degrading treatment), he complained in particular that he had been ill-treated by police, prison guards and the prosecutor, and that his complaints about these incidents had never been duly examined. Further relying on Article 5 (right to liberty and security), Mr Sadkov complained of being detained unlawfully prior to his trial. With regards to Article 6 §§ 1 and 3 (c) (right to a fair trial), Mr Sadkov complained that he had not been given access to a lawyer after his initial arrest – and had been forced to make self-incriminating statements. Finally, relying on Article 34 (right to individual petition), he complained that the authorities had blocked his correspondence with the European Court and had refused to provide him with copies of documents he wished to submit to it.

THE DECISION OF THE COURT

Violation of Article 3 (investigation) – in that the authorities had failed to carry out an effective investigation into Mr Sadkov’s complaints of ill-treatment by the police between 11 and 12 June 2004)

Violation of Article 3 (inhuman and degrading treatment) – regarding ill-treatment by the police between 11 and 12 June 2004

Violation of Article 5 §§ 1 and 4 – as regards Mr Sadkov’s detention between 4 March 2005 and 18 April 2006

No violation of Article 6 – as regards Mr Sadkov’s conviction on multiple counts of robbery and unlawful possession of firearms

No violation of Article 6 §§ 1 and 3 c) – as regards Mr Sadkov’s conviction for murder

No violation of Article 34

Just satisfaction: 8,000 euros (EUR) (non-pecuniary damage).


ECHRCaseLaw

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