Communicated on 18 December 2014

FIFTH SECTION

Application no . 65663/12 Andriy Vasylyovych MARCHUK against Ukraine lodged on 3 October 2012

STATEMENT OF FACTS

The applicant, Mr Andriy Vasylyovych Marchuk , is a Ukrainian national, who was born in 1969 and lives in Kovel , Volyn Region.

The circumstances of the case

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

At about 1 p.m. on 27 August 2003 the applicant ’ s daughter (two years old at that time) was admitted to the Kovel hospital in a serious condition. She suffered from acute enterocolitis with concomitant illnesses. At 1.30 p.m. she was transferred to the infectious diseases ward. At 2 p.m. medicine was administered to the patient. At 3.45 p.m. the condition of the patient aggravated. At 5.40 p.m. the patient died.

1. Criminal proceedings

On 9 September 2003 the applicant complained to the Kovel Inter-District Prosecutor ’ s Office (“the prosecutor ’ s office”) about the death of his daughter in the hospital.

On 10 October 2003 the prosecutor ’ s office instituted criminal proceedings to investigate the allegations of medical negligence and failure to provide medical treatment.

On 29 October 2003 the investigator admitted the applicant to the proceedings as a victim.

On 26 October 2009 the Turiysk District Court found that on 27 August 2003 G., doctor of the Kovel hospital, had failed to provide the applicant ’ s daughter with appropriate medical assistance and had violated the patient ’ s right to free medical aid. The court released G. from any punishment due to the expiry of time-limit for criminal responsibility.

On 23 February 2010 the Volyn Regional Court of Appeal quashed the decision of 26 October 2009 for the reason that it was adopted in breach of procedural rules and remitted the case to the first-instance court for new consideration.

On 30 June 2010 the Turiysk District Court made the same findings in respect of G. and released her from any punishment due to the expiry of time-limit for criminal responsibility.

On 24 September 2010 the Volyn Regional Court of Appeal upheld that decision.

2. Civil proceedings

The applicant instituted civil proceedings seeking damages for the Kovel hospital ’ s failure to ensure an appropriate medical treatment of his daughter. G. was admitted to the proceedings as a third party.

On 7 March 2012 the Starovyzhivskyy District Court found that the applicant had sustained non-pecuniary damage on account of the professional misconduct of G. The court awarded the applicant UAH 20,000 [1] in non-pecuniary damages. The court further found that, in accordance with the statutory documents of the Kovel Itner -District Territorial Medical Association, that legal entity was obliged to pay the amount awarded.

On 18 April 2012 the Volyn Regional Court of Appeal upheld the decision of 7 March 2012.

On 25 May 2012 the Higher Specialised Court for Criminal and Civil Matters refused the applicant ’ s leave to appeal in cassation against these decisions.

COMPLAINTS

1. The applicant complains under Articles 1, 2 and 6 § 1 of the Convention that the domestic investigations and further proceedings concerning the circumstances of his daughter ’ s death in hospital were ineffective.

2. The applicant complains under Article 6 § 1 of the Convention that his civil claims were not examined in due course.

QUESTIONS TO THE PARTIES

1. Having regard to the procedural protection of the right to life, were the domestic proceedings in the present case in breach of Article 2 of the Convention?

2. Did the domestic authorities deal with the applicant ’ s civil claims in compliance with Article 6 § 1 of the Convention as regards the requirements of access to court and reasonable length of proceedings?

3 . Did the applicant have access to an effective compensatory remedy in accordance with Article 13 of the Convention?

The Government are invited to provide:

(a) a chronological list of pre-investigative, investigative, and judicial measures taken in respect of the applicant ’ s complaint;

(b) copies of the relevant documents concerning the respective domestic proceedings, including the documents concerning the date of introduction of the civil claims by the applicant (in the criminal proceedings and in the separate set of civil proce ed ing s ) and the decisions taken on them by the domestic authorities.

[1] About EUR 1,865.