On October 9, the European Court of Human Rights (ECHR) issued its judgment in the case Monakhov and Others v. Ukraine, awarding former head of the State Fiscal Service Roman Nasirov €9,750 in compensation for violations of the Convention in his case.

The case included several applicants, one of whom was Nasirov. In such judgments, the ECHR typically follows its well-established case law, which reflects Ukraine’s systemic failure to uphold Convention guarantees.

In Nasirov’s case, the Court found the following violations of the European Convention on Human Rights:

• Article 3 – insufficient medical care during detention,
• Article 5 – excessive length of pre-trial detention, lack of, or inadequate, compensation for unlawful arrest or detention,
• Article 13 – lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention.

The ECHR noted that upon arrival at the detention facility, the applicant was diagnosed with stage II discirculatory encephalopathy, stage II hypertension, and cerebral atherosclerosis, later progressing to stage III hypertension with risk 3, hypertensive heart disease, ischemic heart disease, and other serious chronic conditions.

Despite frequent episodes of high blood pressure and repeated medical complaints between November 2022 and November 2023, he received mostly symptomatic treatment, with limited diagnostic examinations and only two external consultations.

Crucially, the High Anti-Corruption Court twice ordered his transfer to a hospital for comprehensive examination and treatment (December 15, 2023 and February 15, 2024), but these orders were not enforced, with the authorities citing staff shortages. The applicant was only hospitalized briefly in April 2024. The Court found that this persistent failure to comply with judicial orders and to provide timely, adequate treatment demonstrates serious shortcomings in ensuring appropriate medical care during detention.

Regarding other violations, the ECHR also pointed to insufficient grounds for pre-trial detention, unconvincing justification by domestic courts for holding the applicant in custody, and failure to conduct the trial with due diligence during the detention period.

The case relates to Nasirov’s ongoing trial before the HACC, in which he is accused of receiving a bribe from businessman Oleh Bakhmatiuk. In that case, the court initially set bail at UAH 523.2 million in October 2022, later reducing it to UAH 55 million in May 2024. Nasirov was released from the detention facility on May 24 after posting bail.

The ECHR’s judgment does not affect the substance of Nasirov’s criminal case, as it concerns only the conditions of his detention and inadequate medical treatment, without touching upon the merits of the corruption proceedings.