CEDH · CASELAW;COMMUNICATEDCASES;ENG — 12 décembre 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic }   Communicated on 3 May 2017 and 12 December 2018   THIRD SECTION Application no. 21189/15 Yevgeniy Vladimirovich SHERER against Russia lodged on 17 April 2015   The facts and complaints in this application have been summarised in the Court’s Statement of facts and Questions to the parties, which is available in HUDOC. QUESTIONS 1.     What have been the developments in the criminal proceedings against K. under Article 335 § 1 of the Criminal Code (violence between co-servicemen without grave consequences) since their reopening on 20   November 2017? What was the result of the forensic medical examination ordered on 13 December 2017 with a view to eliminating the discrepancies between the conclusions of the State forensic medical experts and the independent experts from “The Scientific Research Institute of Forensic Examination – STELS” about the cause of the applicant’s son’s death, to be carried out with the participation of the independent experts? Was the heart re-examined in the course of the new forensic medical examination? Was it returned to the applicant and buried together with A.’s body? What have been the developments in other domestic proceedings related to the applicant’s son’s death and its investigation?   2.     Having regard to the above developments in the domestic proceedings:   (a)     Was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention under its procedural limb (see, for example, Malik Babayev v. Azerbaijan , no. 30500/11, §   79-87, 1 June 2017)?   (b)     Was there a violation of the applicant’s right to respect for his private and family life under Article 8 of the Convention?   (c)     Has the applicant been subjected to inhuman or degrading treatment in breach of Article 3 of the Convention?   3.     What actions did investigator Ch. take during the period from 25   February 2014 to 25 March 2014 in order to establish the circumstances of A.’s death? What were the materials of the pre-investigation inquiry into A.’s death, based on which investigator Ch. established the facts preceding A.’s death in his decision of 25 February 2014 ordering the forensic medical examination of A.’s body and in his decision of 25 March 2014 initiating the criminal proceedings against K. under Article 335 § 1 of the Criminal Code?   4.     On what date was the administrative investigation report ( предварительное заключение по материалам административного расследования ) by colonel A.R. prepared?   5.     Who provided A. with first medical aid immediately after the incident on 25 February 2015 (compare the administrative investigation report by colonel A.R. and a refusal of 30 September 2014 to open a criminal case against medical assistant V.E. issued by investigator A.K. of military investigation unit no.   519)?   6.     The Government are invited to submit a copy of the following documents:   (a)     decision by military investigating unit no. 519 of 20   November 2017 on the reopening of the criminal proceedings against K. under Article   335 §   1 of the Criminal Code (see the Government’s further observations of 17 January 2018); (b)     decision by military investigating unit no. 519 on the admission of the report of 10 October 2017 by experts from “The Scientific Research Institute of Forensic Examination – STELS” to the case-file in the criminal proceedings against K. (see the Government’s further observations of 17   January 2018); (c)     decision by military investigating unit no. 519 of 13 December 2017 ordering a repeated forensic medical examination with a view to eliminating the discrepancies between the conclusions of the State forensic medical experts and the independent experts from “The Scientific Research Institute of Forensic Examination – STELS”, to be carried out with the participation of the independent experts (see the Government’s further observations of 17   January 2018); (d)     decision of 24 June 2016 refusing to institute criminal proceedings as a result of the pre ‑ investigation inquiry into violence by K. against A. in November 2013 and into negligent infliction of A.’s death by K. on 25   February 2014 under Articles 335 § 1 and 109 § 1 of the Criminal Code, accordingly, and the decision by the military prosecutor’s office finding the above decision of 24 June 2016 lawful and well-founded (see paragraph   18 of the Government’s observations of 15 September 2017); refusal to institute criminal proceedings of 24 June 2016 and the decision of the prosecutor’s office finding it lawful and well-founded (see paragraph 16 of the Government’s observations of 15   September 2017); and the refusal to institute criminal proceedings into the violence by A. against K. and the decision of the prosecutor’s office finding it lawful and well-founded (see paragraph 17 of the Government’s observations of 15 September 2017); (e)     decision of 19 August 2015 by Gyumri garrison military prosecutor’s office no. 312 ordering the annulment of the decision of 20 August 2014 terminating the criminal proceedings against K.; (f)     all documents concerning any new developments in domestic proceedings related to the applicant’s son’s death and its investigation (see question no. 1 above); (g)     documents to complement the information already submitted to the Court about the investigation concerning the applicant’s son’s death, in particular documents concerning question no. 3 above.