RUDYAK v. UKRAINE JUDGMENT
11
his complaint, nearly two years after the events in question, before the
national court again.
68. All of the above factors are sufficient to enable the Court to conclude
that the State failed to conduct an effective investigation following the
applicant’s complaints of ill-treatment. There has accordingly been a
violation of the procedural limb of Article 3 of the Convention in the
present case. At the same time, the Court notes that an applicant cannot be
reproached for not pursuing a domestic investigation, which is found to be
ineffective (see mutatis mutandis Lotarev v. Ukraine cited above § 93). The
Court therefore dismisses the Government’s objection of non-exhaustion of
domestic remedies (see paragraphs 35-36 above).
II. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
69. The applicant also complained that he had been ill-treated in 2004.
He also complained of unlawful arrest and an unfair trial. He cited Articles
3, 5, 6, 8 and 13 of the Convention.
70. Having considered the applicant’s submissions in the light of all the
material in its possession, the Court finds that, in so far as the matters
complained of are within its competence, they do not disclose any
appearance of a violation of the rights and freedoms set out in the
Convention.
71. It follows that this part of the application must be declared
inadmissible as manifestly ill-founded, pursuant to Article 35 §§ 3 (a) and
4 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
72. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
73. In his initial application form the applicant claimed 100,000 euros
(EUR) in respect of pecuniary and non-pecuniary damage. In his further
observations the applicant reiterated his claims without any particular
specification.
74. The Government reiterated that there had been no violations of the
applicant’s rights and that there was no causal link between the alleged
violations and the damages claimed.