IVANKO v. UKRAINE (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 14 February 2019

FIFTH SECTION

Application no. 46850/13
Volodymyr Anatoliyovych IVANKO
against Ukraine
lodged on 12 July 2013

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s complaint under Article 3 of the Convention that on a number of occasions in 2011 he was tortured by the police, including with electric wires, with a view to extract his confessions to a number of thefts and that the authorities have failed to effectively investigate those events. The evidence available in the case file before the Court suggests that shortly after the alleged ill-treatment a number of injuries were discovered on the applicant’s body. On a number of occasions criminal investigation upon the applicant’s complaint of ill-treatment was closed by prosecutors but subsequently re-opened following courts’ orders because of shortcomings in the prosecutors’ inquiries. According to the latest information from the applicant (July 2013), the investigation upon his ill-treatment complaint was pending.

QUESTIONS tO THE PARTIES

1. Has the applicant been subjected to torture or otherwise ill-treated, in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from treatment infringing Article 3 (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?

The Government are requested to provide copies of all documents relevant to the applicant’s complaint, including medical evidence, the applicant’s complaints of ill-treatment and the authorities’ responses.

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