In the case of Korniyets and Others v. Ukraine the Court held that there had been a violation of the right to respect for private and family in respect of all the applicants, and a violation of the right to an effective remedy and violations of the prohibition of inhuman and degrading treatment in respect of one of the applicants.

The case concerned police searches of the applicants’ homes without a prior court order.

The Court found that the safeguards available in Ukraine for review of after-the-fact search warrants were inadequate, and therefore not “in accordance with the law”. It also noted the impossibility of appealing against a search warrant in Ukraine, which had meant there had been no remedy available to the applicants. Furthermore, no explanation had been provided for one of the applicant’s injuries while under effective police control during the police search of her home, leading the Court to conclude she had suffered ill-treatment. That allegation had not been investigated properly.

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