The case concerns a dispute between a Ukrainian citizen, Ms. Olga Gavrylyak, and her nephew regarding alleged ill-treatment and property rights to a house in the Lviv Region. The applicant claimed she was physically assaulted by her nephew on August 4, 2014, resulting in minor bodily injuries during a dispute over the sale of her house.The Court’s decision focuses on two main aspects: the complaint under Article 3 (prohibition of torture) and Article 8 (right to respect for private and family life) of the Convention. The Court found the Article 3 complaint inadmissible due to insufficient evidence of the severity of injuries, but upheld the Article 8 complaint regarding the State’s failure to conduct an effective investigation.The key provisions of the decision include:
- The Court found a violation of the procedural limb of Article 8 of the Convention due to the ineffective investigation by Ukrainian authorities
- The investigation, which began in August 2014, remained pending for almost ten years, with multiple closures and reopenings
- The Court noted that the excessive length of proceedings made any further effective investigation practically impossible
- The domestic courts repeatedly found the investigation incomplete and identified necessary procedural steps that were not taken
The most significant aspects of this decision are:
- It establishes that prolonged investigations without resolution (in this case, nearly 10 years) constitute a violation of the State’s positive obligations under Article 8
- The Court emphasizes the State’s responsibility to conduct timely and effective investigations in cases involving private individuals
- The decision highlights the distinction between the severity thresholds required for Article 3 and Article 8 violations in cases of physical assault
