Ukraine must pay compensation to the four Ukrainian citizens for the fact that in 2010 they were beaten and illegally detained during peaceful protest against the construction of a road through Gorky Park. This is stated in the decision of the European court of human rights of June 18.
The court found a violation of article 11 of the Convention on human rights guaranteeing the right to peaceful Assembly, and article 3 on abuse. Also a violation of the rights of two claimants to a fair trial – they have served administrative arrest within 15 days and are unable to exercise their right to appeal.
Denis Chernega and Andrey Evarnitsky, Love Miller and Andrey Tsukanov will receive €6 million from the state. Ukraine also needs to compensate for all their legal fees.
The decision was made by a vote of six members of the jury of the ECHR against one.
Only a lawsuit to the ECHR was filed by 11 participants of the protest action. In relation to the rest of the court came to the conclusion about the violation of their right to peaceful Assembly, but was not awarded monetary compensation.
27 Feb 2008 the Kharkiv city Council has authorized the construction of a highway from the street Sumskaya street to Novgorodskaya through the green area of the Park named after Gorky. Due to public outcry, the beginning of work was postponed. The felling of trees and laying of the track commenced in may 2010. Environmental campaigners have built a camp in the Park, blocking the construction site.
2 Jun 2010 the loggers and members of the municipal guard, with the support of the police using physical force pushed activists. The road was opened in August 2010.
Events in Kharkov Park and other incidents involving law enforcement officers led to the beginning of the Ukrainian-wide campaign “No police state”, which lasted until October 2010.