| Applicant name | GAVRYLYAK |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | UKRAINE |
| Application no. | 60692/16 |
| Date | 21/11/2024 |
| Judges | ado Chanturia, President, Mykola Gnatovskyy, Úna Ní Raifeartaigh |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | Positive obligation |
| Type of privacy | Procedural privacy; bodily privacy |
| Keywords | Procedrual requirments |
| Facts of the case | The applicant complained under Article 8 of the Convention that the State had failed to abide by their positive obligations and to effectively investigate her allegations of having been subjected to ill-treatment |
| Analysis | he Court observes that the criminal proceedings in the present case were opened immediately following the applicant’s complaint of 4 August 2014. However, they were closed several times for lack of evidence and those decisions were quashed by the domestic courts, which found the investigation to be incomplete and set out the further procedural steps to be taken. Furthermore, the Court notes that the proceedings, having been opened in August 2014, are still pending and that the overall length of the proceedings is now almost ten years, making any further effective development of the investigation all but impossible. |
| Other Article violation? | – |
| Damage awarded | The applicant did not submit a claim for just satisfaction. Accordingly, the Court considers that there is no call to award her any sum on that account. |
| Documents | Judgment |