TARAN v. UKRAINE - 31898/06 - Chamber Judgment [2013] ECHR 987 (17 October 2013)

TARAN v. UKRAINE - 31898/06 - Chamber Judgment [2013] ECHR 987 (17 October 2013)

The Court found violations of Articles 3, 5 §§ 1 (c), 3, 4, 5, and 6 § 1 of the Convention, holding that the applicant's conditions of detention and transportation were inhuman and degrading, his detention after 29 November 2005 was unlawful, the detention orders lacked sufficient reasoning, there was no effective judicial review or compensation, and the criminal proceedings were excessively lengthy.

Citation
[2013] ECHR 987
Parties
Applicant: Ivan Vasilyevich Taran; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
17 October 2013
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment of the European Court of Human Rights (chamber)
Outcome
Application partly admissible; violations found; just satisfaction awarded.
Legal Topics
Conditions of Detention, Unlawful Detention, Right to Liberty and Security, Right to Compensation, Length of Proceedings, Judicial Review of Detention
Human Rights Law Criminal Law Civil Procedure Conditions of Detention Unlawful Detention Right to Liberty and Security Right to Compensation Length of Proceedings +1 more

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Parties

Ivan Vasilyevich Taran

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment of the European Court of Human Rights (chamber)

Legal Issues

  1. 1 Whether the applicant's conditions of detention and transportation violated Article 3 of the Convention
  2. 2 Whether the applicant's pre-trial detention after 29 November 2005 was lawful under Article 5 § 1 (c)
  3. 3 Whether the length and reasoning of pre-trial detention orders violated Article 5 §§ 1 (c) and 3

Ratio Decidendi

The Court found violations of Articles 3, 5 §§ 1 (c), 3, 4, 5, and 6 § 1 of the Convention, holding that the applicant's conditions of detention and transportation were inhuman and degrading, his detention after 29 November 2005 was unlawful, the detention orders lacked sufficient reasoning, there was no effective judicial review or compensation, and the criminal proceedings were excessively lengthy.

Court Disposition

Application partly admissible; violations found; just satisfaction awarded.

Orders

  • Respondent State to pay EUR 14,000 in non-pecuniary damages within three months.
  • Respondent State to pay EUR 900 in costs and expenses within three months.