CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 octobre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 18 November 2024   FIFTH SECTION Application no. 2732/21 Kostyantyn Borysovych ILCHUK against Ukraine lodged on 15 December 2020 communicated on 28 October 2024 SUBJECT MATTER OF THE CASE The application concerns the investigation into the alleged ill-treatment of the applicant’s mother, V., and her alleged provocation into committing suicide. From 15 to 18 April 2012, V. was undergoing in-patient treatment in a public hospital. According to the applicant, she was subjected to mental and physical abuse and was not provided with adequate medical care, which she reported to the police. Simultaneously, the head of the medical unit, K., filed a complaint with the police alleging that the applicant had inflicted moderate bodily injury on her during his visit to the hospital; however, the applicant was ultimately acquitted by a trial court. While the investigation into K.’s complaint was still ongoing, on 28 June 2013, V. committed suicide, leaving a note in which she blamed K. for provoking her to take her own life. The next day, the police initiated criminal proceedings in that regard. According to the information currently available, the investigation is still ongoing with no significant progress. The applicant complains, under Articles 2 and 3 of the Convention, that the investigation into the alleged ill-treatment of his mother and her provocation to commit suicide has been ineffective.     QUESTION TO THE PARTIES Having regard to the procedural protection of the right to life and the procedural protection against inhuman or degrading treatment, have the domestic authorities conducted an effective investigation into the allegations of ill-treatment and provoking the applicant’s mother into committing suicide, as required by Articles   2 and 3 of the Convention?