Published on 12 May 2025
FIFTH SECTION
Application no. 6466/24
Valeriy Mykolayovych KYRYLOV
against Ukraine
lodged on 15 February 2024
communicated on 25 April 2025
SUBJECT MATTER OF THE CASE
The application concerns an alleged degrading treatment the applicant was subjected to being forced to participate in a court hearing by means of a video link.
The applicant is a suspect in criminal proceedings of abuse of office. Being 76 years old, he is suffering from a heart disease and post-surgical condition, which resulted in him being unable to participate in court hearings on several occasions between November 2023 and January 2024.
On 18 January 2024 the High Anti-Corruption Court ordered to enforce the applicant’s compelled appearance before the court by means of a video link. According to the applicant, on 26 January 2024 an agent of the State Security Service came to the applicant’s apartment and forced him to take part in the court hearing by means of a video link which lasted some two hours. The applicant claims that due to health problems he barely could follow the court hearing. Because of the resent surgery made on the applicant, he was lying on the bed during the hearing claiming that coercion of him to take part in the court hearing while suffering from health problems and post-surgical condition constituted degrading treatment. The applicant relies on Article 3 of the Convention.
QUESTION TO THE PARTIES
Has there been a violation of Article 3 of the Convention on account of the forced participation of the applicant in the court hearing conducted by means of a video link on 26 January 2024, given the applicant’s age and medical condition (see Korban v. Ukraine, no. 26744/16, §§ 118-28, 4 July 2019)?