KOROL AND OTHERS v. UKRAINE - 54503/08 (Judgment : Article 3 - Prohibition of torture : Fifth Section Committee) [2019] ECHR 175 (07 March 2019)

KOROL AND OTHERS v. UKRAINE - 54503/08 (Judgment : Article 3 - Prohibition of torture : Fifth Section Committee) [2019] ECHR 175 (07 March 2019)

The applicants did not receive comprehensive and adequate medical care whilst in detention, and in some cases, there was no effective domestic remedy for their complaints, constituting breaches of Articles 3 and 13 of the Convention.

Source-derived case information.

Citation
[2019] ECHR 175
Parties
Applicant: Viktor Viktorovych Korol; Applicant: Eduard Lvovich Soloveychik; Applicant: Andrey Vladimirovich Dubrov; Applicant: Oleksiy Ivanovych Kravchenko; Applicant: Yevgeniy Anatolyevich Levchenko; Applicant: Ruslan Petrovych Drygin; Applicant: Ivan Sergiyovych Zhukov; Applicant: Stanislav Fedorovych Denysyuk; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
07 March 2019
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Applications joined; complaints regarding inadequate medical care and other well-established violations admissible and upheld; remainder inadmissible or dismissed; monetary awards granted to applicants except one who did not request compensation.
Legal Topics
Inadequate Medical Care in Detention, Effective Remedies, Conditions of Detention, Excessive Length of Pre Trial Detention, Right of Individual Petition
Human Rights Law Prison Law Inadequate Medical Care in Detention Effective Remedies Conditions of Detention Excessive Length of Pre Trial Detention Right of Individual Petition

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Parties

Viktor Viktorovych Korol

Applicant

Eduard Lvovich Soloveychik

Applicant

Andrey Vladimirovich Dubrov

Applicant

Oleksiy Ivanovych Kravchenko

Applicant

Yevgeniy Anatolyevich Levchenko

Applicant

Ruslan Petrovych Drygin

Applicant

Ivan Sergiyovych Zhukov

Applicant

Stanislav Fedorovych Denysyuk

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the applicants received adequate medical care in detention in violation of Article 3 of the Convention
  2. 2 Whether there was a lack of effective domestic remedies for complaints about medical care in detention in violation of Article 13
  3. 3 Whether other violations occurred under well-established case-law (Articles 3, 5(3), 34)

Ratio Decidendi

The applicants did not receive comprehensive and adequate medical care whilst in detention, and in some cases, there was no effective domestic remedy for their complaints, constituting breaches of Articles 3 and 13 of the Convention.

Court Disposition

Applications joined; complaints regarding inadequate medical care and other well-established violations admissible and upheld; remainder inadmissible or dismissed; monetary awards granted to applicants except one who did not request compensation.

Orders

  • Join the applications.
  • Declare complaints concerning inadequate medical care and other well-established violations admissible; remainder inadmissible.