Scandal: Ukraine pays for the arrest of Molochko at the request of Belarus

The Ukrainian government is to pay 30,000 euros to the statement of claim Belarusian businessman Pavel Molochko.

The applicant, Pavel Molotchko, is a German national who was born in 1964 in Belarus. On business in Ukraine in February 2010, Mr Molotchko was arrested on the basis of an arrest warrant issued against him in Belarus where he stood accused of organised crime, abuse of power, smuggling and bribery. He was released in May 2011 and left for Germany a few months later. He alleged that, if extradited to Belarus, he would be at real risk of torture or inhuman and degrading treatment as the authorities would try to coerce him into changing previous statements he had made in the criminal case against him. He also complained about the unlawfulness, lack of judicial review and conditions of his detention pending extradition. He relied in particular on Article 3 (prohibition of inhuman and degrading treatment) and Article 5 §§ 1 (f) and 4 (right to liberty and security).

Article 3: application struck out from the list of cases in so far as this complaint is concerned Violation of Article 5 § 1 (f) - as regards the applicant’s detention from 23 February to 23 June 2010 and from 29 July 2010 to 19 May 2011

No violation of Article 5 § 1 (f) - as regards the applicant’s detention from 23 June to 29 July 2010 Violation of Article 5 § 4 - as regards the applicant’s detention from 23 February 2010 to 19 May 2011

Just satisfaction: EUR 15,000 (non-pecuniary damage) and EUR 15,000 (costs and expenses), said in press-release of ECHR.