D.S. v. UKRAINE - 24107/13 (Judgment : Prohibition of torture (Degrading treatment) (Substantive aspect)) [2017] ECHR 992 (09 November 2017)

D.S. v. UKRAINE - 24107/13 (Judgment : Prohibition of torture (Degrading treatment) (Substantive aspect)) [2017] ECHR 992 (09 November 2017)

The applicant's conditions of detention were inadequate and no effective remedy was available, disclosing a breach of Articles 3 and 13 of the Convention.

Source-derived case information.

Citation
[2017] ECHR 992
Parties
Applicant: D. S.; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
09 November 2017
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits
Outcome
Application admissible; violation of Articles 3 and 13 found; just satisfaction awarded.
Legal Topics
Inadequate Conditions of Detention, Right to an Effective Remedy, Prohibition of Inhuman or Degrading Treatment
Human Rights Law Criminal Law Inadequate Conditions of Detention Right to an Effective Remedy Prohibition of Inhuman or Degrading Treatment

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Parties

D. S.

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits

Legal Issues

  1. 1 Whether the applicant's conditions of detention violated Article 3 of the Convention
  2. 2 Whether there was an effective remedy available to the applicant as required by Article 13

Ratio Decidendi

The applicant's conditions of detention were inadequate and no effective remedy was available, disclosing a breach of Articles 3 and 13 of the Convention.

Court Disposition

Application admissible; violation of Articles 3 and 13 found; just satisfaction awarded.

Orders

  • The respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • From the expiry of the above-mentioned three months until settlement, simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.