Communicated on 17 December 2014
FIFTH SECTION
Application no. 26759/13
Leonid Dmytrovych CHERNEY against Ukraine
lodged on 11 April 2013
STATEMENT OF FACTS
The applicant, Mr Leonid Dmytrovych Cherney, is a Ukrainian national, who was born in 1963 and lives in Chernivtsi.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On the evening of 1 December 2000 the applicant’s brother (a man of forty-five years old) was struck by a car when crossing a street in the city of Chernivtsi.
On 8 December 2000 the criminal investigation was opened for causing death by careless driving.
On 30 January, 23 March, 17 September 2001, 31 March 2003, 14 June 2004, 18 August 2005, 14 September 2007, 12 November 2012, 27 December 2013 the investigations were closed on the grounds that there had been no corpus delicti in the actions of the driver. All those decisions were quashed by the supervising authorities, including the courts, as unsubstantiated and further investigations ordered.
COMPLAINTS
1. The applicant complains under Article 2 of the Convention that the domestic investigations concerning the circumstances of his brother’s death were ineffective.
2. The applicant complains under Article 13 of the Convention that he did not have access to a civil remedy to seek compensation for the death of his brother.
QUESTIONS TO THE PARTIES
1. Having regard to the procedural protection of the right to life, were the domestic proceedings in the present case in breach of Article 2 of the Convention?
2. Did the applicant have access to civil remedy in compliance with requirements of Articles 6 § 1 and 13 of the Convention?
The Government are invited to provide:
(a) a chronological list of pre-investigative, investigative, and judicial measures taken in respect of the applicant’s complaint;
(b) copies of the relevant documents concerning respective domestic proceedings, including the documents concerning the date of introduction of the civil claims by the applicant and the decisions taken on them by the domestic authorities.
Full & Egal Universal Law Academy