CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 30 September 2024   FIFTH SECTION Application no. 5784/20 Valentyna Zakhariyivna SERGIYENKO and Nina Andriyivna NYSHCHA against Ukraine lodged on 28 January 2020 communicated on 11 September 2024 SUBJECT MATTER OF THE CASE The application concerns alleged ill-treatment resulting in the death of Mr   Sergiyenko (the first applicant’s husband and the second applicant’s son) at hands of non-State agents allegedly hired by a Member of Parliament (further   – “MP”). On 4 April 2014 Mr Sergiyenko, who was a journalist and a public activist, was kidnapped from his home by a group of men and later ill-treated and murdered. A forensic medical examination confirmed the infliction of numerous heavy bodily injuries and established that the death had been caused by craniocerebral injuries. Before those events, Mr Sergiyenko had been investigating the alleged corruption of officials of the Cherkasy Region and of N., an MP at that time, and, according to the applicants, Mr Sergiyenko had been receiving threats from persons connected with those officials. A   criminal investigation was launched and, after 10 years, is still pending. Several perpetrators were officially charged, inter alia , with kidnapping and murder, and the criminal cases against them are currently ongoing before trial courts. The investigation established that some of those perpetrators had been in close contact with N. No one has been informed that they were suspected of having contracted the murder. The applicants complain under Articles 2 and 3 of the Convention that Mr   Sergiyenko had been tortured and killed because of his journalist activity, and that the investigation into those events has been ineffective. They also complain under Article 6 of the Convention of the excessive length of the consideration of their civil claim lodged within the criminal proceedings, and of the absence of an effective domestic remedy in that regard invoking Article   13 of the Convention. QUESTIONS TO THE PARTIES 1.     Since the person who allegedly contracted the murder of Mr   Sergiyenko was a State official, can the respondent State be held responsible for the alleged substantive violations of Articles 2 and 3 of the Convention?   2. If so: (a)     Has Mr Sergiyenko’s right to life, ensured by Article   2 of the Convention, been violated in the present case? (b)     Has Mr Sergiyenko been subjected to torture or inhuman or degrading treatment in breach of Article 3 of the Convention?   3. Have the domestic authorities conducted an effective investigation into the above complaints, as required by Articles 2 and 3 of the Convention?   4.     Was the length of the consideration of the applicants’ civil claim, lodged within the criminal proceedings, in breach of the “reasonable time” requirement of Article   6 §   1 of the Convention?   5. Has there been an effective domestic remedy available for the above complaint under Article 6 § 1, as required by Article 13 of the Convention?