The case concerns complaints by two Ukrainian citizens, Kateryna Nychyporenko and Svitlana Demidova, regarding ineffective investigations into cases of ill-treatment inflicted by private individuals. Both applicants suffered physical injuries from assaults by their neighbors, and both cases demonstrated significant failures in the investigation and judicial processes.The Court found violations of Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment) in its procedural aspect, specifically regarding the State’s obligation to conduct effective investigations. In both cases, the authorities failed to conduct prompt and thorough examinations of the incidents and bring those responsible to account in a timely manner.Key violations identified by the Court include:
- Failure to secure the applicants’ right to participate effectively in the investigations
- Failure to take necessary investigative steps
- Multiple groundless decisions to close or suspend cases
- Protracted character of investigations and court proceedings
- Repeated refusals to institute criminal proceedings without proper justification
The Court awarded compensation for non-pecuniary damage: €3,900 to Nychyporenko and €3,000 to Demidova. In Nychyporenko’s case, the Court also found a violation of Article 6 (right to a fair trial) due to deficient reasoning in civil court decisions. The judgment emphasizes that domestic judicial authorities must not let physical or psychological suffering go unpunished to maintain public confidence in the rule of law.
