The European Court has delivered its judgment in the case of ‘Soldatenko v. Ukraine’

The European Court of Human Rights has established violations of several provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms in the case of ‘Soldatenko v. Ukraine’.

In the Court’s opinion, in the event of M. Soldatenko’s extradition from Ukraine to Turkmenistan, he could be at risk of torture and ill-treatment, which contradicts Article 3 of the Convention (prohibition of torture) regarding the investigation of a criminal case. Furthermore, the Court established a violation of Article 13 of the Convention (right to an effective remedy) and Article 5 of the Convention (right to liberty and security).

The Court took into account numerous reports of torture, beatings, and the use of force against suspects by Turkmen law enforcement agencies, including those in need of medical assistance, as well as reports of inhumane conditions of detention in Turkmenistan’s penitentiary institutions, including poor nutrition and a lack of proper medical care.

“Despite the fact that the applicant was wanted for a relatively minor offence that was not politically motivated, the very fact of his detention as a suspect in this situation provides sufficient grounds to fear that there is a serious risk of a violation of Article 3 of the Convention in his regard,” the Court’s decision stated.

UNIAN Reference. M. Soldatenko resided in Turkmenistan until 1999. In July 1999, he was declared wanted by the competent authorities of Turkmenistan for criminal prosecution for committing grievous bodily harm in that country, motivated by hooliganism.

In October 1999, M. Soldatenko left Turkmenistan due to fear of ethnic persecution. He settled in Ukraine, registered as a stateless person, received a taxpayer identification number, found employment, got married, and established a smallholding.

On 3 January 2007, M. Soldatenko was detained by officers of the Kakhovka District Police Department. On the evening of 4 January, he was placed in the temporary detention centre of the Hornostaivka District Police Department. M. Soldatenko was only able to meet with a lawyer on 8 January, i.e., five days after his detention.

M. Soldatenko’s lawyer, a member of the Kharkiv Human Rights Group, Arkadiy Bushchenko, sent an appeal to the European Court to suspend the extradition of his client until the matter was considered by the European Court and filed an application with the local court to change the preventive measure.

On 16 January 2007, the President of the Section of the European Court appealed to the Government of Ukraine with a request to suspend M. Soldatenko’s extradition until the application had been considered by the European Court.

On 5 May 2008, the Kakhovka City-District Court of the Kherson Region granted M. Soldatenko’s petition to change the preventive measure from detention in custody to a written undertaking not to leave the area. The Court of Appeal upheld the decision of the local court, leaving it in force.