Published on 29 April 2024
FIFTH SECTION
Application no. 52380/21
Viktor Mykhaylovych GANDZYUK and Others
against Ukraine
lodged on 12 October 2021
communicated on 8 April 2024
SUBJECT MATTER OF THE CASE
The applicants complain that several State officials contracted the killing of their close relative, daughter and wife, Ms Kateryna Gandzyuk, because of her public activities in Kherson, in particular her statements in mass media and social networks about widespread corruption and abuse of power by local authorities, and that no effective and independent investigation was conducted into that killing. The applicants also complain that due to the fatal attack, their relative sustained moral and physical suffering before her death. The applicants rely on Articles 2, 3 and 10 of the Convention.
Ms Kateryna Gandzyuk was a member of the Kherson city council and a campaigner against corruption. On 31 July 2018 an unknown person doused Ms Kateryna Gandzyuk with sulfuric acid near her home. Pursuant to the medical expert examinations, she sustained chemical burns of 40% of the body. On 4 November 2018 Ms Kateryna Gandzyuk died in the Kherson hospital from a multiorgan failure caused by the burns.
Immediately after the attack, the Kherson police instituted criminal proceedings. On 17 August 2018 the police arrested T., A., B., C. and D., allegedly involved in the crime. On the same day the alleged organiser of the crime, L., fled Ukraine, so he was put on the wanted list.
Between 10 November 2018 and 11 February 2019, L., P. and M. (chairman of the Kherson regional council) were accused of the contract killing of Ms Kateryna Gandzyuk. Afterwards, the actions of L. and M. were re-qualified to the organisation of infliction of severe bodily injuries, and the actions of P. – to hiding the crime.
On 6 June 2019 T., A., B., C. and D. admitted their guilt of committing the crime and were sentenced to terms of imprisonment from three to six years. On 24 January 2020 L. was arrested in Bulgaria and soon thereafter extradited to Ukraine. On 27 July 2020 a bill of indictment was drawn up against L. and M. and the criminal case was transmitted to the court for trial. On 16 October 2020 P. admitted his guilt of hiding the crime and was sentenced to two years’ imprisonment with a probation of one year.
According to the applicants, the organisers, L. and M., have not been punished for the killing of their relative, and the possible involvement of other organisers, E. and F. (chief and deputy chief of the Kherson regional state administration), was never investigated.
QUESTIONS TO THE PARTIES
1. Seeing that the persons who allegedly contracted the attack that eventually resulted in the death of Ms Kateryna Gandzyuk were State officials with considerable power, can the respondent State be held responsible for the alleged substantive violations of Articles 2, 3 and 10 of the Convention?
2. If so:
a) Has Ms Kateryna Gandzyuk’s right to life, under Article 2 of the Convention, been violated in the present case?
b) Has Ms Kateryna Gandzyuk been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?
d) Has there been an interference with Ms Kateryna Gandzyuk’s right to freedom of expression, contrary to Article 10 of the Convention, regard being had to the applicants’ complaints that their relative was tortured and murdered for public criticism of local authorities?
2. Have the domestic authorities conducted an effective investigation into the attack leading to Ms Kateryna Gandzyuk’s being subjected to ill-treatment and to her death, as required by Articles 2 and 3 of the Convention?
APPENDIX
Application no. 52380/21
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Viktor Mykhaylovych GANDZYUK
1954
Ukrainian
Kherson
2.
Sergiy Dmytrovych DENYSOV
1989
Ukrainian
Kherson
3.
Nadiya Illivna GANDZYUK
1952
Ukrainian
Kherson