The case concerns the lack of an effective investigation into the ill-treatment of a 73-year-old Ukrainian woman who was physically assaulted in the context of a family dispute over a flat in Nikopol. The Court found that Ukraine violated Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment) in its procedural aspect due to ineffective investigation of the incident.The Court established that on May 19, 2014, the applicant suffered fourteen bruises on her head and upper body inflicted by her former daughter-in-law and grandson who attempted to forcefully evict her from the flat. The police initiated a criminal investigation but failed to conduct it effectively over a period of more than ten years.Key findings of the Court include:
- The injuries inflicted on the elderly applicant reached the minimum level of severity required under Article 3 of the Convention
- The investigation was marked by significant delays, including a one-month delay in ordering a medical forensic examination
- Multiple investigators closed the case without taking necessary procedural steps, with their decisions being subsequently quashed
- Critical witnesses were not questioned for years, potentially compromising their ability to recall events
- Despite repeated findings of ineffectiveness by the prosecutor’s office, no effective remedial measures were taken
The Court awarded the applicant EUR 4,500 in respect of non-pecuniary damage and EUR 29.58 for postal expenses, plus any applicable taxes.
