Communicated on 21 April 2016
FIFTH SECTION
Application no. 61038/10
Igor Aleksandrovich KINDRA
against Ukraine
lodged on 14 October 2010
STATEMENT OF FACTS
The applicant, Mr Igor Aleksandrovich Kindra, is a Ukrainian national who was born in 1955 and lives in Dymytriv. He is represented before the Court by Mr A.A. Kristenko, a lawyer practising in Kharkiv.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 28 August 2008 the applicant complained to the Krasnoarmiyskiy inter-district prosecutor’s office that between 11 a.m. on 23 August 2008 and 12 midnight on 24 August 2008 he had been unlawfully detained by officers of the Krasnoarmiyskiy district police at the police station. During that time, the officers had tried to get him to confess to having committed a crime (arson) and had kicked and punched him to try and break him down. The applicant presented medical documents which showed that at about 2.50 a.m. on 24 August 2008 he had been examined in the emergency department of Krasnoarmiysk hospital and had been diagnosed as suffering from several facial traumas, including a fracture of the left cheekbone.
On 4 January 2011, after a number of initial refusals to institute criminal proceedings into the applicant’s allegations of ill-treatment, the prosecutor’s office opened criminal proceedings.
Based on the information available to the applicant, those proceedings are currently pending and have not made much progress.
COMPLAINTS
The applicant complains under Article 3 of the Convention that on 23 August 2008 he was ill-treated by the police with a view to forcing him to make self-incriminating statements.
He also complains under Article 5 §§ 1 and 5 of the Convention that on the same date he was arbitrarily deprived of his liberty and that under Ukrainian law he has no enforceable right for compensation for his arbitrary detention.
Finally, the applicant complains under Article 13 of the Convention that the criminal investigation of his complaints concerning ill-treatment and arbitrary detention have been ineffective.
QUESTIONS TO THE PARTIES
1. Was the applicant subjected to ill-treatment by the police, in breach of Article 3 of the Convention, on 23 August 2008?
2. Having regard to the procedural protection from inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation by the domestic authorities into the allegations of ill-treatment in breach of Article 3 of the Convention?
3. Was the applicant deprived of his liberty between 11 a.m. on 23 August 2008 and 12 midnight on 24 August 2008, in breach of Article 5 § 1 of the Convention?
The Government are requested to provide copies of all relevant procedural documents pertaining to the applicant’s detention at the police station during the aforementioned period.
4. Did the applicant have an effective and enforceable right to compensation for his detention in alleged contravention of Article 5 § 1, as required by Article 5 § 5 of the Convention?
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