PLOTITSYN v. UKRAINE - 8899/22 (Article 3 - Prohibition of torture : Fifth Section Committee) [2023] ECHR 753 (05 October 2023)

PLOTITSYN v. UKRAINE - 8899/22 (Article 3 - Prohibition of torture : Fifth Section Committee) [2023] ECHR 753 (05 October 2023)

The applicant's conditions of detention were inadequate and there was no effective remedy available in domestic law, constituting violations of Articles 3 and 13 of the Convention. There were also violations regarding the excessive length of pre-trial detention and criminal proceedings.

Citation
[2023] ECHR 753
Parties
Applicant: Oleksandr Kostyantynovych Plotitsyn; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
05 October 2023
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Applications joined and declared admissible; violations of Articles 3 and 13 found; violations of the Convention found regarding other complaints; just satisfaction awarded.
Legal Topics
Inadequate Conditions of Detention, Lack of Effective Remedy, Excessive Length of Pre Trial Detention, Excessive Length of Criminal Proceedings
Human Rights Law Criminal Procedure Inadequate Conditions of Detention Lack of Effective Remedy Excessive Length of Pre Trial Detention Excessive Length of Criminal Proceedings

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Parties

Oleksandr Kostyantynovych Plotitsyn

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the applicant's conditions of detention violated Article 3 of the Convention
  2. 2 Whether the applicant had an effective remedy as required by Article 13 of the Convention
  3. 3 Whether there were violations regarding excessive length of pre-trial detention and criminal proceedings

Ratio Decidendi

The applicant's conditions of detention were inadequate and there was no effective remedy available in domestic law, constituting violations of Articles 3 and 13 of the Convention. There were also violations regarding the excessive length of pre-trial detention and criminal proceedings.

Court Disposition

Applications joined and declared admissible; violations of Articles 3 and 13 found; violations of the Convention found regarding other complaints; just satisfaction awarded.

Orders

  • Respondent State to pay the applicant EUR 9,800 within three months, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • From expiry of three months until settlement, simple interest shall be payable at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points.