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 proceedin gs 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.