(Application no. 19312/06)
12 March 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Vergelskyy v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
Stanislav Shevchuk, ad hoc judge,
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 17 February 2009,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
A. Criminal proceedings against the applicant
B. Alleged ill-treatment
1. The applicant's account of events of 19-27 March 2004 and medical evidence concerning his injuries
2. Investigation of the alleged ill-treatment
C. Conditions of detention
II. RELEVANT DOMESTIC LAW
I. ALLEGED VIOLATIONS OF ARTICLE 3 OF THE CONVENTION
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
1. Concerning the conditions of detention
86. The Court does not find it necessary to address the Government's objection concerning non-exhaustion, as the applicant's complaints concerning the conditions of detention are in any way inadmissible for the reasons set out below.
2. Concerning the ill-treatment by the police and ineffectiveness of the investigation
1. Concerning the effectiveness of the investigation of the applicant's allegation of ill-treatment
102. In light of the circumstances of the present case and its settled case-law, the Court concludes that in the present case there has been a violation of Article 3 of the Convention on account of the ineffective investigation of the applicant's complaint about ill-treatment in custody. It follows that the Government's preliminary objection (see paragraph 92 above) must be dismissed.
2. Concerning the alleged ill-treatment
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
“In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
1. The period to be taken into account
2. Reasonableness of the length of the proceedings
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
A. Lack of remedies for a complaint concerning the conditions of detention
B. Lack of remedies for a complaint concerning the length of the criminal proceedings
IV. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 10,000 (ten thousand euros) in respect of non-pecuniary damage and EUR 1,500 (one thousand five hundred euros) in respect of costs and expenses, plus any tax that may be chargeable to the applicant on the above amounts, to be converted into the National currency at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 12 March 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1 Around EUR 4,000 as of the date on which the claim was formulated.
2 Around EUR 800 as of the date on which the claim was formulated.