YAKOVENKO v. UKRAINE / ECHR

Notes

Date	25/10/2007
AppNr	15825/06
Body	Court (Fifth Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 29-3; 3; 35-1; 41
Violated / NonViolated	313
Citations	35-15-35-46-16-38133438-1-a36-134

Conclusions:

Costs and expenses (domestic proceedings) - claim dismissed
Costs and expenses award - Convention proceedings
Non-pecuniary damage - financial award
Pecuniary damage - financial award
Preliminary objections allowed (alleged ill-treatment, non-exhaustion of domestic remedies)
Remainder inadmissible (alleged ill-treatment)
Violation of Art. 13
Violation of Art. 3
Violation of Art. 3 (conditions of detention)
Violation of Art. 3 (conditions of transportation)
Violation of Art. 3 (lack of appropriate medical assistance)

Keywords:

(art. 13) effective remedy
(art. 3) degrading treatment
(art. 3) inhuman treatment
(art. 35-1) effective domestic remedy
(art. 35-1) exhaustion of domestic remedies
positive obligations

ECHR Notes

Originating Body	Court (Fifth Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	15825/06
Importance Level	2
Represented by	TKACH, Ivan
Respondent State	Ukraine
Date of Judgment	25/10/2007
Conclusion	Preliminary objections allowed (alleged ill-treatment, non-exhaustion of domestic remedies) ; Violation of Art. 3 (conditions of detention) ; Violation of Art. 3 (lack of appropriate medical assistance) ; Violation of Art. 3 (conditions of transportation) ; Violation of Art. 13 ; Remainder inadmissible (alleged ill-treatment) ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings ; Costs and expenses (domestic proceedings) - claim dismissed
Articles	3 , 13 , 29-3 , 35-1 , 41
Separate Opinions	No
Law at Issue	Article 236 of the Code of Criminal Procedure ; Section 17 of the Combating Tuberculosis Act of 5 July 2001 ; Decree No. 186/607 on the antiretroviral treatment of persons with HIV/Aids detained in prisons and pre-trial detention centers ; Report of 23 June 2006 on the constitutional rights of citizens compulsorily detained in establishments where restriction of liberty, pre-trial detention and deprivation of liberty apply ; The third (2003) annual report of the Commission for Human Rights of the Parliament of Ukraine
Strasbourg Case Law	Ahmet Özkan and Others v. Turkey, no. 21689/93, § 426, 6 April 2004 ; Akdivar and Others v. Turkey judgment of 16 September 1996, Reports of Judgments and Decisions, 1996-IV, §§ 65-67 ; Aksoy v. Turkey judgment of 18 December 1996, Reports 1996-VI, §§ 51-52 ; Belevitskiy v. Russia, no. 72967/01, § 61, 63, 1 March 2007 ; Bozinovski v. the former Yugoslav Republic of Macedonia (dec.), no. 68368/01, 1 February 2005 ; Dvoynykh v. Ukraine, no. 72277/01, §§ 50, 62-63 and 72, 12 October 2006 ; Elsanova v. Russia (dec.), no. 57952/00, 15 November 2005 ; Epözdemir v. Turkey, no. 57039/00, 31 January 2002 ; Hurtado v. Switzerland, judgment of 28 January 1994, Series A no. 280-A, opinion of the Commission, § 79 ; Ilhan v. Turkey [GC], no. 22277/93, § 87, ECHR 2000-VII ; K.-F. v. Germany, judgment of 27 November 1997, Reports of Judgments and Decisions 1997-VII, §§ 46-52 ; Kalashnikov v. Russia (dec.), no. 47095/99, 18 September 2001 ; Kalashnikov v. Russia, no. 47095/99, § 97, ECHR 2002-VI ; Khokhlich v. Ukraine, no. 41707/98, § 153, 29 April 2003 ; Khudoyorov v. Russia, no. 6847/02, §§ 116-120, ECHR 2005 (extracts) ; Koval v. Ukraine (dec.), no. 65550/01, 30 March 2004 ; Kudla v. Poland [GC], no. 30210/96, § 157, ECHR 2000-XI ; Melnik v. Ukraine, no. 72286/01, §§ 70-71, 115 and 121, 28 March 2006 ; Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII ; Sarban v. Moldova, no. 3456/05, § 87 and § 90, 4 October 2005
External Sources	CPT Reports (CPT/Inf (2002) 19 and CPT/Inf (2002) 23) ; Amnesty International's briefing on Ukraine for the UN Committee against Torture of 30 April 2007
Keywords	"(Art. 13) EFFECTIVE REMEDY" "(Art. 3) DEGRADING TREATMENT" "(Art. 3) INHUMAN TREATMENT" "(Art. 35-1) EFFECTIVE DOMESTIC REMEDY" "(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "POSITIVE OBLIGATIONS"

References 18

	87 BELEVITSKIY v. RUSSIA 3, 5-1-c, 5-3, 5-4 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	01/03/2007
	24 DVOYNYKH v. UKRAINE 3, 13 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	12/10/2006
	76 MELNIK v. UKRAINE 3, 13 Court (Second Section) Judgment (Merits and Just Satisfaction)	28/03/2006
	15 ELSANOVA v. RUSSIA Court (Fourth Section) Decision	15/11/2005
	186 KHUDOYOROV v. RUSSIA 3, 5-1, 5-3, 5-4, 6-1, 5-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	08/11/2005
	111 SARBAN v. MOLDOVA 3, 5-3, 5-4, 5-3, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	04/10/2005
	4 BOZINOVSKI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" Court (Third Section) Decision (Final)	01/02/2005
	12 TOTEVA v. BULGARIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	19/05/2004
	75 AHMET OZKAN AND OTHERS v. TURKEY 2, 3, 5, 5-1, 5-3, 8, 2, 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	06/04/2004
	26 KOVAL v. UKRAINE Court (Second Section) Decision (Final)	30/03/2004
	25 KHOKHLICH v. UKRAINE 3, 8, 3, 8, 13 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	29/04/2003
	219 KALASHNIKOV v. RUSSIA 3, 5-3, 6-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	15/07/2002
	21 EPÖZDEMIR v. TURKEY Court (Third Section) Decision	31/01/2002
	179 KALASHNIKOV v. RUSSIA Court (Third Section) Decision	18/09/2001
	1907 KUDLA v. POLAND 5-3, 6-1, 13, 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	26/10/2000
	343 ILHAN v. TURKEY 3, 13, 2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	27/06/2000
	519 SALMAN v. TURKEY 2, 3, 13 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	27/06/2000
	39 K.-F. v. GERMANY 5-1-c Court (Chamber) Judgment (Merits and Just Satisfaction)	27/11/1997

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ECHR CaseLaw

YAKOVENKO v. UKRAINE View

Notes

ECHR Notes

References 18

Citations Breakdown

Citations 29

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