The European Court of Human Rights (ECHR) delivered a judgment in the case of Berezovskyy v. Ukraine concerning the ineffective investigation of a life-threatening traffic accident that occurred in 2013. The Court found that Ukraine violated Article 2 § 1 of the Convention by failing to conduct an effective investigation into the incident where the applicant sustained severe injuries.The Court based its decision on several key parameters for assessing the effectiveness of investigation under Article 2: adequacy of investigative measures, promptness, involvement of the victim’s family, and independence of the investigation. The Court emphasized that while the obligation to investigate is not about achieving specific results, it should be capable of establishing facts and identifying those responsible.The judgment highlighted multiple investigative shortcomings:
- The applicant’s rights as a victim were not properly safeguarded
- The investigation was criticized by national authorities for lack of efficiency
- There was no genuine attempt to conduct a thorough investigation
- The case was repeatedly remitted for additional investigation due to insufficient measures
- Multiple terminations of proceedings without proper notification to the applicant
The Court awarded the applicant 6,000 euros in non-pecuniary damages and 250 euros for costs and expenses, to be paid by Ukraine within three months from the date of the judgment.
