Decision of the ECHR of 27 May 2017 on the case "Zherdev v. Ukraine" (application No. 34015/07).
In 2007, the applicant was assisted in preparing the application. Subsequently, the application was communicated to Ukraine.
A complaint on degrading treatment during detention was successfully considered in the case. There has been a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The circumstances of the case
The applicant, who was 16 years old, was questioned by the police in connection with the investigation of the murder. He was in his underwear for several hours, and then was placed in the cell to adults.
Law issues
Concerning compliance with Article 3 of the Convention (substantive aspect). The applicant was handcuffed and one underwear in the police department for at least two and a half hours. The authorities clearly had a valid reason for taking away his clothes, which could be material evidence of his involvement in the crime. However, even in the absence of evidence from the European Court that the authorities intended to humiliate or insult him, the applicant was a minor, and no explanation was given regarding the failure to provide him with a change of clothing or some cover and keeping him handcuffed for not less than two and a half hours. The applicant argued that the incident made him particularly impressed by the possibility that he could be charged with a sex offense and therefore at risk of rape in prison.
The fact that the applicant, a minor and previously unconvicted, was handcuffed and almost without clothes for at least two and a half hours in a state of uncertainty and vulnerability could in itself be considered to generate a matter in accordance with Article 3 of the Convention. In addition, his placement in violation of the country's legislation in a cell with adult prisoners for the next three days could contribute to his feelings of fear, sadness, helplessness and inferiority and also diminished his dignity.
Thus, the applicant was subjected to degrading treatment.
Resolution
The violation of the requirements of Article 3 of the Convention (unanimously) was committed in the case.
Compensation
In the application of Article 41 of the Convention. The Court awarded EUR 8,000 in respect of non-pecuniary damage to the applicant.
The Court also unanimously found a violation of the procedural aspect of Article 3 of the Convention, a violation of Article 5 § 3 of the Convention, taking into account the length of the applicant's detention and that the requirements of Article 6 §§ 1 and 3 of the Convention were not violated as to the fairness of the criminal proceedings against him.