The European Court of Human Rights (ECHR) delivered a judgment in the case of Gaybadulova v. Ukraine concerning the ineffective investigation of ill-treatment inflicted by a private party. The case involved the applicant’s ex-husband causing her light bodily injuries, where subsequent investigation by Ukrainian authorities was found to be inadequate and ineffective.The Court found a violation of Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment) in its procedural aspect. The judgment emphasizes that states have an obligation to conduct effective investigations into allegations of ill-treatment, even when perpetrated by private individuals. The Court established that Ukrainian authorities failed to meet the minimum standards of effectiveness in investigation, which include independence, impartiality, public scrutiny, and exemplary diligence.The key deficiencies in the investigation included:
- Failure to take necessary steps for thorough investigation
- Groundless decisions to close the case
- Overall protracted character of the investigation and court proceedings
- Investigator’s failure to note investigative actions and assess evidence
- Absence of important documents including witness statements
- Unaddressed discrepancies in witnesses’ testimonies
The Court awarded the applicant 3,000 euros in non-pecuniary damages, emphasizing that domestic judicial authorities must not let physical or psychological suffering go unpunished to maintain public confidence in the rule of law and prevent any appearance of authorities’ tolerance of unlawful acts.
