Published on 24 April 2023

FIFTH SECTION

Application no. 21425/18 Viktor Sergiyovych KOVALENKO against Ukraine lodged on 27 April 2018 communicated on 5 April 2023

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment of the applicant by off ‑ duty police officers on 17 February 2008, and the alleged lack of an effective investigation into the matter. The applicant complains that as a result of the ill-treatment he sustained a skull fracture, concussion, and bruises on the soft tissues of his head.

Since February 2008, the applicant repeatedly requested the opening of criminal proceedings in relation to the alleged ill-treatment. These were eventually opened on 18 July 2014 and are still pending.

The applicant presented a forensic medical report of 25 April 2016, concluding that his head injury was serious.

He complains under Article 3 (substantive and procedural limb) that he was ill-treated by State agents and that the subsequent investigation into his ill-treatment was ineffective.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to ill-treatment by off-duty police officers on 17 February 2008, in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV; Savitskyy v. Ukraine , no. 38773/05, §§ 99-101, 26 July 2012; and Voykin and Others v. Ukraine , no. 47889/08, §§ 117, 27 March 2018), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?