Serikov v. Ukraine (no. 42164/09)

The applicant, Sergey Serikov, is a Ukrainian national who was born in 1991 and lives in Kharkiv (Ukraine).

The case concerned his complaint of having been ill-treated by the police.

Mr Serikov was arrested and taken to a police station in Kharkiv in the evening of 16 May 2008. A report set up by the police stated that a package of marijuana was found on him. According to Mr Serikov’s submissions, he was ill-treated by the police to make him confess. In particular, he alleges that he was threatened with rape, kicked and hit on the head, and dropped face down on the floor, causing him to lose consciousness several times. According to the Ukrainian Government, the only violence applied to him was his handcuffing during his arrest, when he attempted to escape. A medical report by a forensic expert, who examined Mr Serikov during the same night, recorded that he had several haematomas and bruises. At a hospital, where he sought medical aid the following day, he was diagnosed, in particular, with concussion.

 On the day following his arrest, Mr Serikov’s mother lodged a criminal complaint against the police officers alleging that they had ill-treated her son. In June 2008 the prosecutor refused to open criminal proceedings, finding that no unlawful force had been used by the officers. The decision was later set aside and the investigation was subsequently reopened and closed on several occasions. It has not led to any prosecution.

Relying in particular on Article 3 (prohibition of torture and inhuman or degrading treatment), Mr Serikov complained that he had been ill-treated by the police and that the domestic authorities had not effectively investigated his allegations.

Violation of Article 3 - ill-treatment

Violation of Article 3 - investigation

Just satisfaction: EUR 8,000 (non-pecuniary damage) and EUR 5,200 (costs and expenses)

Aleksandr Shevchenko v. Russia (no. 48243/11)

The applicant, Aleksandr Shevchenko, is a Russian national who was born in 1979 and lives in Volzhskiy, Volgograd region (Russia).

The case concerned his pre-trial detention on suspicion of drug offences.

Mr Shevchenko was arrested in October 2010 on charges of attempted drug trafficking and, the charges subsequently being reclassified to purchase and storage of drugs, was convicted in April 2012 and sentenced to three years’ imprisonment. Before the referral of his criminal case for trial, he was detained on the basis of individual detention orders; after referral, he was detained on the basis of a collective detention order, which included his co-defendants. Mr Shevchenko’s appeals against his continued detention during the whole period of that detention were rejected, the judicial authorities referring to the gravity of the charges against him (and later also against his codefendants) and the risk that he/his co-defendants might abscond or reoffend. He was ultimately granted early release in February 2013.

Relying mainly on Article 5 §§ 3 and 4 (right to liberty and security) of the Convention, Mr Shevchenko alleged that his pre-trial detention for one year and six months had not been justified and that his appeals against certain detention orders (made in January and September 2011 and February 2012) had not been examined speedily.

Violation of Article 5 § 3

Violation of Article 5 § 4

Just satisfaction: 6,500 euros (EUR) (non-pecuniary damage)