FIFTH SECTION

Application no . 1870/05 Irina Trofimovna SMIRNOVA against Ukraine lodged on 28 December 2004

The facts and complaints in this case have been summarised in the Court ’ s Statement of facts , which is available in HUDOC.

QUESTIONS

1. Regard being had to the applicant ’ s submissions concerning physical attacks and psychological harassment from co-owners of her flat and their tenants, has she been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (see e.g. Đorđević v. Croatia, no. 41526/10, §§ 90-93, ECHR 2012 and Valiulienė v. Lithuania, no. 33234/07, § 70, 26 March 2013)?

2. If so, having regard to the procedural protection from inhuman or degrading treatment under Articles 1 and 3 of the Convention, did the State put in place an effective criminal law mechanism for investigating the applicant ’ s allegations concerning psychological and physical harassment (see e.g. Đorđević, cited above, §§ 141-150, ECHR 2012 and Valiulienė, cited above, §§ 80-87, 26 March 2013)?

The parties are invited to comment, in particular, on the possibility for the applicant to pursue her private-prosecution complaint given that the public authorities instituted criminal proceedings against the co-owners of her flat in 2007 and to inform the Court about the final outcome or current status of these criminal proceedings.