ECHR awarded 4,500 EUR to a woman whose domestic violence case was investigated for over 10 years

In Ukraine, domestic violence is subject to both administrative and criminal liability depending on the severity of the act and its consequences.
According to Article 173-2 of the Code of Ukraine on Administrative Offenses, domestic violence entails administrative liability, which may result in a fine, community service, or administrative arrest. In cases of repeated domestic violence or serious consequences, criminal liability is provided under Article 126-1 of the Criminal Code of Ukraine. The sanctions include community service from 150 to 240 hours, probation supervision for up to five years, restriction of liberty for the same period, or imprisonment for up to two years.

The issue of the effectiveness of domestic violence investigations became the subject of consideration by the European Court of Human Rights.
The ECHR examined an application regarding the inefficiency of the domestic violence investigation and found a violation of Article 3 of the European Convention on Human Rights in the case BOYCHUK v. UKRAINE. The Court concluded that despite medical evidence and witness testimonies, the investigation of numerous criminal proceedings was ineffective and lasted over 10 years.

Case circumstances

The applicant repeatedly reported incidents of beatings by her then-husband to the police during 2013–2015. She later divorced him in July 2014. The case materials contain seven episodes of violence, each involving claims of bodily harm of varying degrees.

After each report, law enforcement opened criminal proceedings, but these were repeatedly closed. The grounds for closure were the lack of sufficient evidence, the husband's denial of the beatings, and the assessment of some testimonies as unconvincing.

The case files also included forensic medical examinations confirming the presence of bodily injuries classified as minor. Witnesses, including her adult daughter, confirmed the applicant's account. Nevertheless, the investigation repeatedly concluded there were insufficient grounds to continue, and closure decisions were overturned by courts as premature, with instructions for additional investigative actions.

In 2017, the prosecution recognized the investigation as ineffective and changed investigators. In 2021, proceedings were resumed, additional expert examinations confirmed the applicant's version. However, the whereabouts of the participants could not be established, and the case was closed in 2023.

In 2025, the court again annulled this decision citing incomplete investigation and superficial investigative actions. The proceedings were finally closed in October 2025 due to statute of limitations and lack of evidence.

ECHR decision

The ECHR found that the state failed to ensure an effective investigation of the applicant's complaints of domestic violence, violating the procedural aspect of Article 3 of the Convention.

The Court noted that the applicant repeatedly reported seven episodes of beatings by her then and later former husband between 2013 and 2015. Criminal proceedings were opened each time but systematically closed due to lack of evidence or the husband's denials and the allegedly minor nature of injuries.

At the same time, the Court emphasized that forensic medical reports documented the applicant's injuries, and witness testimonies, including from her adult daughter, supported her version. Despite this, the investigation did not properly assess this evidence nor took all necessary investigative steps.

The ECHR reiterated that depending on circumstances, domestic violence may reach the level of ill-treatment under Article 3 of the Convention. The Court also noted that justified fear of repeated violence can cause serious suffering and anxiety equivalent to inhuman or degrading treatment.

The Court further found that national courts repeatedly annulled decisions to close criminal proceedings as premature and indicated the need for additional investigative actions, but these instructions were not properly implemented. Even after combining cases and changing investigators, the investigation remained fragmented and ineffective.

In conclusion, the Court noted that criminal proceedings opened between 2013 and 2015 lasted over ten years, were repeatedly recognized as ineffective nationally, and ended without results despite medical evidence and witness testimonies supporting the applicant's complaints.

The ECHR concluded that the state failed to provide a proper, timely, and effective investigation of domestic violence facts, thus violating Article 3 of the European Convention on Human Rights.

The applicant claimed 14,000 EUR in moral damages, justifying this as 2,000 EUR for each of the seven criminal proceedings she considered ineffective, without claiming material damages or legal costs. The government contested this amount as unjustified. Ultimately, the ECHR awarded the applicant 4,500 EUR in moral damages.

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