Civil compensation remedy effective for inadequate detention conditions

In the case of Zakutniy and Others v. Ukraine, the ECHR held that there had been no violation of the right to an effective remedy.

The case concerned the effectiveness of the compensatory remedy available under national law in respect of complaints concerning inadequate conditions of detention.

The Court found that, despite certain shortcomings, a civil claim for compensation brought under Articles 1173 and 1174 of the Civil Code could, in principle, be regarded as effective. Accordingly, where a complaint regarding inadequate conditions of detention was made, applicants were expected to make use of that legal avenue before lodging their complaints with the Court.

• Press release
• Press release (in Ukrainian)