Source: European Court of Human Rights
In today’s Chamber judgment in the case of Tymoshenko v. Ukraine (application no. 49872/11), which is not final, the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights;
a violation of Article 5 § 4 (right to a speedy review of the lawfulness of detention);
a violation of Article 5 § 5 (right to compensation for unlawful detention);
a violation of Article 18 (limitation on use of restrictions on rights) in conjunction with Article 5;
and it held, by a majority, that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) in respect of Ms Tymoshenko’ alleged ill-treatment during her transfer to hospital on 20 April 2012 and the effectiveness of the investigation of those complaints.
The case concerned complaints related to the detention of the former Ukrainian Prime Minister Yuliya Tymoshenko.
The Court held in particular: that Ms Tymoshenko’s pre-trial detention had been arbitrary; that the lawfulness of her detention had not been properly reviewed; and, that she had no possibility to seek compensation for her unlawful deprivation of liberty. The Court also found that, given that the judge had referred to her alleged hindering of the proceedings and contemptuous behaviour, her right to liberty had been restricted for other reasons than those permissible under Article 5.