Communicated on 3 December 2015
FIFTH SECTION
Application no. 24695/14
Sergiy Anatoliyovych VRONSKYY
against Ukraine
lodged on 5 June 2014
STATEMENT OF FACTS
The applicant, Sergiy Anatoliyovych Vronskyy, is a Ukrainian national, who was born in 1975 and lives in Vyshneve, Kyiv Region.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 21 December 2010 the applicant was arrested by police officers in the Khmelnytsk Region on suspicion of extortion. According to the applicant, the police officers beat him up during his arrest. When they arrived at the police station, the police officers continued beating and ill‑treating the applicant with the aim of extracting a confession from him.
On 22 and 23 December 2010 an ambulance was called to provide medical care for the applicant while he was in police custody. On the last visit, the ambulance staff diagnosed the applicant as having injuries to the chest and body, fractured left ribs and an abnormally functioning left lung.
On 24 December 2010 the Khmelnytsk City Court prolonged the applicant’s preliminary detention to ten days.
On 27 and 28 December 2010 the applicant’s lawyer requested that the police and prosecution authorities of the Khmelnytsk Region provide a medical examination for the applicant, stating that he had been severely ill‑treated by the police officers.
On 30 December 2010 the applicant was examined by a medical expert who noted the following injuries: abrasions on the left side of the forehead; bruises around the right eye, on both shoulders, on the left collarbone area, on the chest and on the right shank; and abrasions on both wrists. The expert’s opinion was that the injuries could have been sustained between ten and fifteen days before the examination, and in any event seven to nine days before that time at least.
On the same day the Khmelnytsk City Court ordered the applicant’s pre‑trial detention.
On 7 September 2011 the Makariv District Court of the Kyiv Region (“the trial court”) commenced the trial of the applicant.
On 26 December 2011 the Khmelnytsk Regional Prosecutor’s Office, having conducted pre-investigation enquiries, refused to open criminal proceedings in relation to the applicant’s allegations of police ill‑treatment.
On 1 June 2012 the applicant was released on bail.
On the same day the trial court remitted the case for additional pre-trial investigation, having regard, among other things, to the applicant’s allegations of ill-treatment and to the relevant medical evidence available in the file. That decision was quashed by the Kyiv Regional Court of Appeal, which ordered that the trial should continue.
Between 19 and 23 July 2012 an additional medical examination was carried out by forensic medical experts, who concluded that the injuries documented on 30 December 2010 could have been sustained on 21 December 2010.
On 26 March 2014 the applicant once again complained to the prosecution authorities about police brutality on the day of his arrest and requested that a criminal investigation of the police officers be initiated.
On 11 April 2014 the Khmelnytsk Regional Prosecutor’s Office replied to the applicant that a criminal investigation in relation to his complaint would be initiated if the relevant facts were established by the trial court dealing with his criminal case.
The criminal proceedings against the applicant are pending before the trial court.
COMPLAINT
The applicant complains under Article 3 of the Convention that on 21 December 2010 he was ill-treated by police officers.
QUESTION TO THE PARTIES
Has Mr S. Vronskyy been subjected to ill-treatment, contrary to Article 3 of the Convention?
The Government are requested to provide:
(a) copies of medical documents that have relevance to the applicant’s allegations of ill-treatment;
(b) copies of decisions taken by the domestic authorities during the investigation and examination of the applicant’s allegations of ill-treatment.
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