Ukraine’s civil courts can provide an effective route to compensation for poor detention conditions, the European Court of Human Rights ruled on October 15, while finding that the applicants before it had not received adequate redress.
The distinction in Zakutniy and Others v Ukraine matters for future cases. People no longer held in the conditions they challenge are generally expected to use the domestic damages procedure before applying to Strasbourg.
The court found no violation of Article 13, which protects the right to an effective remedy. It nevertheless found a violation of Article 3, prohibiting inhuman or degrading treatment. Low domestic awards had not removed the applicants’ status as victims.
The eight applicants had pursued civil claims over detention conditions. The ECHR ordered non-pecuniary damages ranging from €5,000 to €20,397.
The ruling concerns compensation, not whether Ukraine has put an effective preventive remedy in place. It does not erase the court’s earlier findings about systemic detention problems.
The chamber judgment is not final. A party may request referral to the Grand Chamber within three months.
Official court announcement and case summary.
