This version was rectified on 27 February 2008 under Rule 81 of the Rules of Court. STRASBOURG 6 December 2007 FINAL 06/03/2008 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. KOZINETS v. UKRAINE JUDGMENT 1 In the case of Kozinets v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Mr P. LORENZEN, President, Mrs S. BOTOUCHAROVA, Mr V. BUTKEVYCH, Mrs M. TSATSA-NIKOLOVSKA, Mr R. MARUSTE, Mr J. BORREGO BORREGO, Mrs R. JAEGER, judges, and Mrs C. WESTERDIEK, Section Registrar, Having deliberated in private on 13 November 2007, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 75520/01) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS FIFTH SECTION CASE OF KOZINETS v. UKRAINE (Application no. 75520/01) JUDGMENT This version was rectified on 27 February 2008 under Rule 81 of the Rules of Court. STRASBOURG 6 December 2007 FINAL 06/03/2008 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
KOZINETS v. UKRAINE JUDGMENT 1 In the case of Kozinets v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Mr P. LORENZEN, President, Mrs S. BOTOUCHAROVA, Mr V. BUTKEVYCH, Mrs M. TSATSA-NIKOLOVSKA, Mr R. MARUSTE, Mr J. BORREGO BORREGO, Mrs R. JAEGER, judges, and Mrs C. WESTERDIEK, Section Registrar, Having deliberated in private on 13 November 2007, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 75520/01) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Valeriy Yuryevich Kozinets (“the applicant”), on 16 May 2001. 2. The Ukrainian Government (“the Government”) were represented by their Agents, Mrs Z. Bortnovska, Mrs V. Lutkovska and Mr Y. Zaytsev. 3. On 13 May 2004 the Court decided to communicate the complaints under Articles 3 and 13 of the Convention concerning alleged ill-treatment of the applicant by a tax police officer, an inadequate investigation by the domestic authorities into the applicant's allegations and the absence of effective remedies in respect of these complaints to the Government. Under the provisions of Article 29 § 3 of the Convention, the Court decided to examine the merits of the application at the same time as its admissibility. THE FACTS I. THE CIRCUMSTANCES OF THE CASE 4. The applicant was born in 1959 and lives in Kharkiv, Ukraine.
2 KOZINETS v. UKRAINE JUDGMENT A. Criminal proceedings 5. At the material time the applicant was the director and allegedly the owner of the Passage private company, which provided currency exchange services. On 16 August 1996 the tax police inspected one of the departments of the company, seized some documents and cash assets, and imposed financial sanctions. 6. On 28 April 1998 the applicant was invited to the Kharkiv State Tax Police Inspectorate (Податкова міліція Державної податкової інспекції м. Харкова) to retrieve the documents that had been removed by the tax police. According to the applicant, at 9 a.m., when he entered the office of S., the Head of the Tax Police Inspectorate, and asked when the documents in question would be returned, the latter started to beat him and broke the tape recorder which the applicant had in his pocket. According to the applicant, several people were present at the time in S.'s office. The latter allegedly told his subordinates ...