issued by the Registrar of the Court
ECHR 314 (2012)
26.07.2012
Judgments concerning Bulgaria and Ukraine
The European Court of Human Rights has today notified in writing the following 6
judgments, of which five (in italics) are Committee judgments and are final. The
judgment in the case of Savitskyy v. Ukraine is a Chamber judgment1 and is not final.
Repetitive cases2 and length-of-proceedings cases, with the Court’s main finding
indicated, can be found at the end of the press release.
Savitskyy v. Ukraine (application no. 38773/05)
The applicant, Bogdan Savitskyy, is a Ukrainian national who was born in 1967 and lives
in the Ivano-Frankivsk Region (Ukraine). Relying in particular on Article 3 (prohibition of
inhuman or degrading treatment), he alleged that, after he had been to a bar in August
1998, three police officers had beaten him up, causing him double fractures to the spine.
He also complained that there had been no effective investigation into that incident that
he had had no access to the investigation case file and that he could not effectively
participate in the investigation as he had had no access to legal advice. Relying on
Article 6 § 1 (right to a fair trial), he also complained that the Ukrainian authorities had
refused to implement a judgment of October 2006 allowing his request for copies of the
procedural decisions taken in the course of the examination of his complaints of ill-
treatment. Finally, relying on Article 34 (right of individual petition), he complained that
the authorities had hindered his effective application to the European Court of Human
Rights, as they had refused to give him access to the necessary documents.
Violation of Article 3 (treatment and investigation)
Violation of Article 6 § 1
Violation of Article 34
Just satisfaction: EUR 50,994.05 (pecuniary damage), EUR 100,000 (non-pecuniary
damage), EUR 3,050 (costs and expenses)
Repetitive case
The following case raises issues which have already been submitted to the Court.
Kharuk and Others v. Ukraine (no. 703/05 and 115 other applications)
The applicants, 114 Ukrainian nationals and companies based in Ukraine, complained
about the delayed enforcement of decisions given in their favour. They relied in
particular on Article 6 (right to a fair trial), Article 13 (right to an effective remedy) and
Article 1 of Protocol No. 1 (protection of property).
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month
period following a judgment’s delivery, any party may request that the case be referred to the Grand Chamber
of the Court. If such a request is made, a panel of five judges considers whether the case deserves further
examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral
request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for
supervision of its execution. Further information about the execution process can be found here:
2
In which the Court has reached the same findings as in similar cases raising the same issues under the
Convention.
