Published on 9 October 2023

FIFTH SECTION

Application no. 6522/19 Oleksandr Oleksandrovych STRASHUNSKYY against Ukraine lodged on 15 January 2019 communicated on 18 September 2023

SUBJECT MATTER OF THE CASE

The applicant is legally incapacitated on account of schizophrenia, with his mother acting as his guardian. On 23 November 2016, when being transferred from the Zvenygorodka residential care facility (a municipal institution) to the Cherkasy regional psychiatric hospital, he sustained numerous hematomas all over his body, a closed craniocerebral injury and concussion. The criminal investigation, which was launched into the allegations of ill-treatment of the applicant and neglect of duty by the staff of the Zvenygorodka facility, was discontinued and resumed on several occasions and is apparently still pending. The applicant alleges a violation of Article 3 of the Convention under both limbs.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 3 of the Convention under its substantive limb?

2. Has there been a violation of Article 3 of the Convention under its procedural limb?

The Government are requested to provide copies of all the documents regarding the investigation into the incident of 23 November 2016, which are not yet in the case file.