The ECHR awarded 4,500 euros to a woman whose domestic violence case had been under investigation for more than 10 years
The European Court of Human Rights found a violation of Article 3 of the European Convention on Human Rights in the case of “Boichuk v. Ukraine,” ruling that the investigation into the domestic violence allegations was extremely ineffective.
Despite the existence of medical evidence and witness testimony, the criminal proceedings based on the victim’s complaints lasted more than ten years and ended without any results.
The legal framework in Ukraine provides for administrative liability under Article 173-2 of the Code of Ukraine on Administrative Offenses, which includes fines or arrest.
At the same time, systematic abuse entails criminal liability under Article 126-1 of the Criminal Code of Ukraine, which may provide for imprisonment for up to two years.
The facts of the case indicate that between 2013 and 2015, the complainant repeatedly reported to the police that she had been beaten by her husband, from whom she later divorced.
A total of seven incidents of violence were documented; however, law enforcement authorities systematically closed the criminal cases, citing an alleged lack of evidence.
The court took into account that the case file included forensic medical examinations confirming bodily injuries, as well as the testimony of the victim’s adult daughter.
Despite these facts, the investigation ignored the evidence, and the national courts’ overturning of the decisions to close the cases did not lead to any substantial progress in the investigation.
The ECHR emphasized that domestic violence can reach the level of ill-treatment, which falls under Article 3 of the Convention.
The Court emphasized that even the constant fear of repeated attacks causes a person serious suffering, which amounts to inhuman or degrading treatment.
Even after the prosecutor’s office intervened in 2017—acknowledging that the investigation was incomplete—the process failed to yield results and was ultimately closed in October 2025 due to the expiration of the statute of limitations.
This demonstrated the state’s systemic failure to ensure adequate protection of human rights in cases of domestic violence.
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