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FIFTH SECTION

Application no. 36660/08
Nina Antonovna ZUBKOVA
against Ukraine
lodged on 3 July 2008

STATEMENT OF FACTS

THE FACTS

The applicant, Ms Nina Antonovna Zubkova, is a Ukrainian national who was born in 1937 and lives in Kharkiv. Her application was lodged on 3 July 2008.

A.  The circumstances of the case

1.  Circumstances of death of the applicant’s relative

At midday on 18 May 2002 the applicant’s son, Mr Igor Zubkov (born in 1961), who was riding a bicycle, collided with a minibus at a crossroads in the city of Kharkiv. On 20 May 2002 he died from his injuries.

2.  Official investigation

On 21 May 2002 the local police instituted criminal proceedings in connection with the accident under Article 286 § 2 of the Criminal Code (negligent driving causing the death of a victim). Between September 2002 and October 2006 the investigation was closed and reopened on six occasions. The renewals were ordered by the supervising authorities after finding that the investigation had been incomplete and further steps were required (such as questioning witnesses, additional technical assessments, further examination of the scene of the accident, and clarification of facts in the light of new information).

By a decision of 30 December 2007 the investigation was closed for lack of corpus delicti as regards the acts of the driver of the minibus. On 11 March 2008 the applicant was informed of that decision.

COMPLAINT

The applicant complains under Article 2 of the Convention that the investigation of the accident which caused the death of her son had not been effective, as the authorities had failed to take all necessary measures in due course and had groundlessly closed the investigation on many occasions.

QUESTIONS TO THE PARTIES

1.  Having regard to the procedural protection of the right to life, were the domestic proceedings in the present cases in breach of Article 2 of the Convention?

2.  Are there any safeguards for ensuring compliance of the investigation authority with the instructions given by the higher-level prosecutor or a court along with a remittal of the case for additional investigation?

The Government are invited to provide:

(a)  a chronological list of pre-investigative, investigative, and judicial actions taken in respect of the applicant’s complaints under the Convention;

(b)  copies of the relevant documents concerning respective domestic proceedings.