FIFTH SECTION
Application no. 34213/09
Alla Vasilyevna LITVINENKO
against Ukraine
lodged on 11 June 2009
STATEMENT OF FACTS
The applicant, Ms Alla Vasilyevna Litvinenko, is a Ukrainian national, who was born in 1941 and lives in Saky.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 29 December 1996 the applicant’s son left his home and did not return.
On 19 January 1997 the applicant’s son was found shot dead in a field of a local agricultural company. On the same day the Saky Inter-District Porsecutor’s Office opened investigation into the murder.
On 22 February 1999 the investigator suspended the proceedings for the reason that the identity of the person who had committed the crime could not be established.
By the letter of 14 January 2000 the applicant was informed that the decision of 22 February 1999 was reversed as unsubstantiated.
In the letter of 13 December 2003 the police informed the applicant that instructions had been given to the relevant police department in order to remove the deficiencies in the operational search measures and intensify those measures.
On 6 April 2009, in reply to the applicant’s request to examine the case file, the police informed the applicant that the investigation was still pending and that she would be allowed to study the case file after the completion of the investigation.
On 5 October 2010 the police informed the applicant that the investigation was still pending and that all the necessary measures had been taken in order to identify the person guilty of the crime.
B. Relevant domestic law
The relevant provisions of domestic law can be found in the judgment in the case of Muravskaya v. Ukraine (no. 249/03, §§ 35-36, 13 November 2008).
COMPLAINT
The applicant complains under Articles 6 and 13 of the Convention that the criminal proceedings in connection with her son’s murder have not been effective.
QUESTION TO THE PARTIES
Having regard to the procedural protection of the right to life, were the criminal proceedings in the present case in breach of Article 2 of the Convention?
The Government are invited to provide:
(a) a chronological list of pre-investigative, investigative, and judicial measures taken in connection with the death of the applicant’s son;
(b) copies of the relevant documents.
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