ECHR finds Ukraine responsible for attack on Hantsyuk and failure to investigate her murder

Recognition of state responsibility for the attack

The European Court of Human Rights has delivered its judgment in the case of “Hantsyuk and Others v. Ukraine”. According to the court’s press service, the panel unanimously found that Ukraine had violated Article 2 of the European Convention on Human Rights.

The violation was established both in relation to the death of Kateryna Hantsyuk and due to the subsequent failure to conduct an effective investigation into the circumstances of her murder.

Link between the attack and officials' actions

In its judgment of 5 November, the court noted that the 2018 incident, during which sulphuric acid was poured over the Kherson activist, bore the hallmarks of a pre-planned and paid operation.

The aim of the actions was to silence a person performing the functions of a public watchdog. The ECHR established sufficiently weighty, clear and consistent circumstances indicating a close link between the attack and the exercise or abuse of state authority. This entails state responsibility.

Violation of freedom of expression

In addition, the court found a violation of Article 10 of the Convention, which guarantees freedom of expression. The attack could objectively instil fear in other journalists, activists and representatives of civil society.

In the court’s assessment, this case had a particularly serious “chilling effect” on public debate regarding corruption and abuse of power.

Compensation to relatives

Ukraine is obliged to pay €40,000 to Kateryna Hantsyuk’s parents and €40,000 to the activist’s husband within three months as compensation for non-pecuniary damage.

In addition, the state must pay €4,000 in court costs.