The European Court of Human Rights (ECHR) issued a judgment in the case of Orlov v. Ukraine concerning the ineffective investigation of ill-treatment inflicted on the applicant by private individuals in 2009, which resulted in his partial disability. The Court found that Ukraine violated Article 3 of the Convention (prohibition of torture) in its procedural aspect due to the authorities’ failure to conduct an effective investigation.The decision focuses on three main structural elements: the timeline of events and investigation, the procedural failures of national authorities, and the Court’s assessment of the violation. The Court particularly emphasized the two-year delay in opening a criminal case, problems with the verdict delivery, and the ultimate discontinuation of prosecution due to the expiration of the limitation period.The key provisions of the decision include:
- The Court found that the two-year delay in opening a criminal investigation was unjustified
- The failure of the Babushkinskyi District Court to properly deliver and announce the verdict violated procedural rules
- The Court emphasized that effective protection against ill-treatment cannot be achieved when criminal proceedings are discontinued due to time limitations caused by the authorities’ flaws
- The Court awarded the applicant EUR 4,500 in respect of non-pecuniary damage
