Communicated on 11 February 2016

FIFTH SECTION

Application no. 20212/13 Sergiy Mykolayovych KHOMENKO against Ukraine lodged on 14 March 2013

STATEMENT OF FACTS

The applicant, Mr Sergiy Mykolayovych Khomenko, is a Ukrainian national, who was born in 1966 and lives in the city of Poltava, Ukraine.

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 17 May 2011 the applicant was beaten by five persons near his house. According to a forensic medical examination of 20 July 2011 he received bodily injuries of medium severity including: concussion, various injuries on his body, face and legs.

On 24 May 2011 police concluded that there was no evidence of hooliganism and refused to institute criminal proceedings into this incident. On 22 June 2011 that decision was overturned by a prosecutor ’ s office and the case was returned to the police for additional investigation.

Between June 2011 and January 2013 the investigation authorities on five occasions refused to institute criminal proceedings following the applicant ’ s complaints. All of those refusals were subsequently quashed by higher prosecutors or by a court and the case was then returned for additional investigation.

On 22 January 2013 the criminal proceedings were finally instituted on alleged infliction of medium bodily injuries on the applicant.

However, on 11 November 2014 the Oktyabrskyy district police terminated those proceedings for lack of evidence of a crime. It was concluded that there was no evidence that the injuries had been inflicted on the applicant intentionally.

On 6 February 2015 the Oktyabrskyy District Court, Poltava upheld this decision. On 24 February 2015 the Poltava Regional Court of Appeal quashed those decisions for failure to conduct a proper investigation. More recent information about those proceedings is absent.

COMPLAINT

The applicant complains under Article 3 of the Convention that the State authorities failed to properly investigate his case.

QUESTION TO THE PARTIES

Having regard to the procedural protection from inhuman or degrading treatment (see Muta v. Ukraine , no. 37246/06 , 31 July 2012 ) was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?