Published on 12 June 2023

FIFTH SECTION

Application no. 59945/18 Ivan Ivanovych BILYY against Ukraine lodged on 18 October 2018 communicated on 24 May 2023

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment of the applicant by police convoy officers and the adequacy of the domestic investigation into the matter (Article 3 of the Convention).

On 3 August 2016 the applicant, having been convicted of murder by a first-instance court and awaiting the appellate proceedings, was studying the case file and allegedly had a conflict with the convoy security. According to him, several officers subjected him to severe beating. As confirmed by the Dnipropetrovsk city hospital’s records, on that date the applicant was brought to the hospital on account of a head wound and had it sutured. Prosecution authorities launched a criminal investigation into the matter following the applicant’s complaint. There were several decisions to terminate the investigation for lack of evidence of a criminal offence, which were eventually quashed as premature. The investigation is apparently pending.

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to ill-treatment by police convoy officers on 3 August 2016, in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?

The Government are requested to provide copies of all the documents regarding the investigation into the applicant’s allegations of ill-treatment, which are not yet in the case file.