KHOPTYAR AND OTHERS v. UKRAINE

Published on 24 March 2025   FIFTH SECTION Application no. 16468/20 Vladyslava Stanislavivna KHOPTYAR and Others against Ukraine lodged on 18 March 2020 communicated on 6 March 2025 SUBJECT MATTER OF THE CASE The application concerns the alleged failure of domestic authorities to investigate the applicants’ alleged ill-treatment suffered at the hands of the first applicant’s partner K. All three applicants received minor bodily injuries as a result of a dispute of 24 and/or 25 September 2016, including the second applicant, who, being one year old at the relevant time, was slapped in his face by K. The applicants’ injuries were recorded in the respective medical forensic reports. On 5 October 2016 the police opened a criminal case into the infliction of minor bodily injuries, but failed to carry out all necessary procedural steps, as were numerously instructed by the prosecutor’s office. The pre-trial investigation is still pending. The applicants complained under Articles 2, 6, 8 and 13 of the Convention about the lengthy and ineffective investigation into the matter. QUESTIONS TO THE PARTIES 1.  Have the applicants been subjected to treatment in breach of Article 3 and/or Article 8 of the Convention, as a result of violent acts allegedly inflicted by K.?   2. Having regard to the positive obligations of the respondent State inherent in Article 3 and/or Article 8 of the Convention, has the domestic criminal investigation in the present case been in breach of either of these Articles (see Opuz v. Turkey, no. 33401/02, ECHR 2009; Eremia v. the Republic of Moldova, no. 3564/11, 28 May 2013; Mudric v. the Republic of Moldova, no. 74839/10, 16 July 2013)?     APPENDIX Application no. 16468/20 No. Application no. Case name Introduction date Applicant’s name Year of birth Place of residence Nationality Representative’s name Location 1. 16468/20 Khoptyar and Others v. Ukraine 18/03/2020 Vladyslava Stanislavivna KHOPTYAR 1980 Dnipro Ukrainian Oleksandr Pavlovych KHOPTYAR 2015 Dnipro Ukrainian   Nina Ivanivna KHOPTYAR 1950 Bulakhivka Ukrainian   Yuliya Anatoliyivna SEGEDA Dnipro