FIFTH SECTIONCASE OF CHERNEY v. UKRAINE(Application no. 26759/13)      JUDGMENT STRASBOURG18 November 2021   This judgment is final but it may be subject to editorial revision.In the case of Cherney v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Lətif Hüseynov, President, Lado Chanturia, Arnfinn Bårdsen, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 21 October 2021,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 11 April 2013.2. The applicant was represented by Mr B.V. Fokiy, a lawyer practising in Chernivtsi, Ukraine.3. The Ukrainian Government (“the Government”) were given notice of the application. The Government objected to the examination of the application by a Committee. Having considered the Government’s objection, the Court rejects it.THE FACTS4. The applicant’s details and information relevant to the application are set out in the appended table.5. The applicant complained of the ineffective investigation into the death of his brother, who had died in a road traffic accident. He also raised other complaints under various Articles of the Convention.THE LAWALLEGED VIOLATION OF ARTICLE 2 of the Convention6. The applicant complained that the investigation into the death of his brother in a traffic accident had been ineffective. He relied on Articles 2 and 6 § 1 of the Convention and Article 13 of the Convention.7. The Court, which is master of the characterisation to be given in law to the facts of the case, finds that the complaints at issue fall to be examined under Article 2 of the Convention (see Igor Shevchenko v. Ukraine, no. 22737/04, § 38, 12 January 2012). This provision, in so far as relevant, reads as follows:Article 2 § 1“1. Everyone’s right to life shall be protected by law.”8.

Article of the Convention at issue: Article 2
Outcome: violation