Karabet and Others v. Ukraine - 38906/07 - Legal Summary [2013] ECHR 284 (17 January 2013)

Karabet and Others v. Ukraine - 38906/07 - Legal Summary [2013] ECHR 284 (17 January 2013)

The Court found that the applicants were subjected to torture and inhuman or degrading treatment during a security operation intended to punish them for a peaceful hunger strike, and that the State failed to conduct an effective, independent, and prompt investigation into their allegations, violating Article 3. The failure to return personal belongings also violated Article 1 of Protocol No. 1.

Citation
[2013] ECHR 284
Parties
Applicants: Karabet and Others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
17 January 2013
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violations of Article 3 (substantive and procedural) and Article 1 of Protocol No. 1 found unanimously.
Legal Topics
Torture, Effective Investigation, Prisoners' Rights, Hunger Strike, State Responsibility
Human Rights Law Criminal Law Torture Effective Investigation Prisoners' Rights Hunger Strike State Responsibility

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Parties

Karabet and Others

Applicants

Ukraine

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the applicants were subjected to torture or inhuman or degrading treatment contrary to Article 3 of the European Convention on Human Rights
  2. 2 Whether there was an effective investigation into the applicants' allegations of ill-treatment
  3. 3 Whether the failure to return personal belongings violated Article 1 of Protocol No. 1

Ratio Decidendi

The Court found that the applicants were subjected to torture and inhuman or degrading treatment during a security operation intended to punish them for a peaceful hunger strike, and that the State failed to conduct an effective, independent, and prompt investigation into their allegations, violating Article 3. The failure to return personal belongings also violated Article 1 of Protocol No. 1.

Court Disposition

Violations of Article 3 (substantive and procedural) and Article 1 of Protocol No. 1 found unanimously.

Orders

  • EUR 25,000 awarded to each applicant for non-pecuniary damage.