NOVOKHATKO v. UKRAINE

2025-05-26T00:00:00
Published on 16 June 2025   FIFTH SECTION Application no. 29091/20 Vsevolod Valentynovych NOVOKHATKO against Ukraine lodged on 24 June 2020 communicated on 26 May 2025 SUBJECT MATTER OF THE CASE The application concerns an allegedly ineffective investigation into an attack on the applicant. The applicant was a journalist and an editor of an online newspaper. In 2017 he started a journalistic investigation into an allegedly unlawful construction. He collected information, submitted it to the police and published an article on the construction. On 24 May 2018 the applicant was beaten up by unknown persons on a street near his apartment block. He received light bodily injuries. According to the applicant, the attack was instigated by the persons who were mentioned in his article on the allegedly unlawful construction. A criminal investigation into the attack was terminated and resumed on several occasions. The applicant’s appeal against the last decision to terminate the investigation is currently pending before the domestic authorities. The applicant alleges violations of Articles 3, 10 and 13 of the Convention.     QUESTIONS TO THE PARTIES 1.  Having regard to the procedural protection from inhuman or degrading treatment (see, for example, Muta v. Ukraine, no. 37246/06, § 66, 31 July 2012) and, considering, in particular, the length of the proceedings at issue, was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention? 2.  Did the Government discharge its positive obligation under Article 10 of the Convention to take the necessary measures to investigate the events of 24 May 2018 (see Özgür Gündem v. Turkey no. 23144/93, § 43, ECHR 2000‑III; Dink v. Turkey, nos. 2668/07 and 4 others, § 137, 14 September 2010)? 3.  Did the applicant have an effective remedy for his complaints under Articles 3 and 10 of the Convention, as required by Article 13 of the Convention?