FIFTH SECTION         CASE OF SVITLANA ATAMANYUK AND OTHERSv. UKRAINE (Applications nos. 36314/06, 36285/06, 36290/06 and 36311/06)     JUDGMENT   STRASBOURG  1 September 2016 FINAL 01/12/2016 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.In the case of Svitlana Atamanyuk and others v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Angelika Nußberger, President, Ganna Yudkivska, Khanlar Hajiyev, Erik Møse, André Potocki, Yonko Grozev, Carlo Ranzoni, judges,and Milan Blaško, Deputy Section Registrar,Having deliberated in private on 5 July 2016,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in four applications (nos. 36314/06, 36285/06, 36290/06 and 36311/06) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by four Ukrainian nationals, Ms Svitlana Fokiyivna Atamanyuk, Ms Lyudmila Fokiyivna Atamanyuk, Mrs Anna Oleksandrivna Loskutova (aka Volodina) and Ms Ganna Vasylivna Atamanyuk (“the applicants”), on 1 September 2006.2. The Ukrainian Government (“the Government”) were represented, most recently, by their acting Agent, Ms O. Davydchuk.3. The applicants alleged, in particular, that the State authorities had failed to protect the lives of their relatives (the Mykhayliv family) and to conduct an effective investigation into their deaths; that they had been subjected to inhuman and degrading treatment; that the courts dealing with their claim for damages had not been independent and impartial, that the relevant proceedings had been inordinately lengthy and that they had had no effective remedy for the length complaint.4. On 24 September 2012 the applications were communicated to the Government.THE FACTSI. THE CIRCUMSTANCES OF THE CASE5. The first applicant, born in 1953, is the sister of the second applicant, born in 1946, the aunt of the third applicant, born in 1984, and the daughter of the fourth applicant, born in 1920. The first, second and third applicants live in Lviv. The fourth applicant having died in January 2013, the first applicant expressed the wish to pursue the proceedings in her stead.A. The crash of a military aircraft during an air show at the Sknyliv airdrome on 27 July 2002 and the death of the Mykhayliv family6. On 27 July 2002 the Air Force of Ukraine organised a military aviation show in the “Sknyliv” airdrome in Lviv (“the Sknyliv air show”) to commemorate the sixtieth anniversary of the 14th Air Force Corps. The agenda for the event included a static display of military aircraft and other equipment and a live aerobatics show by military pilots.7. The event was attended by several thousand individuals, including the third applicant; Mrs Natalya Mykhayliv, the first applicant’s daughter; her spouse Mr Andriy Mykhayliv and their two daughters Natalya and Andriana, born in 1994 and 1998 respectively.8. During the aerobatics performance, an SU-27 military aircraft piloted by Colonels V.T. and Y.Y. crashed into the static aircraft display site where there were numerous spectators, where it exploded. Both pilots had successfully ejected before the explosion. As a result of the crash, seventy-seven people died and nearly three hundred sustained injuries.9. Four members of the Mykhayliv family died on the spot. The third applicant suffered a post-traumatic stress reaction.10. According to the applicants, following the accident, the military authorities immediately started cleaning up the site, shovelling the bodies into a pile, washing off the blood and small organic remains, and burying body fragments under the sand to conceal the evidence of the disaster. They also attempted to prevent people from photographing and filming. Senior Air Force staff and civilian authorities occupying the VIP lounge fled in panic, causing a traffic jam and obstructing access to the site for police and medical professionals.11. The Government contested this account. They noted, in particular, that the law-enforcement authorities had arrived promptly at the scene and had not recorded any instances of inappropriate conduct by the military personnel present there. According to them, the bodies of the victims were inspected by the police at the scene and then carefully transported to mortuaries for forensic examination and identification.12. Following the accident, the first and third applicants went to the mortuary in search of their relatives’ remains. According to them, they were obliged to wait long hours in the heat before being allowed to enter the premises. Once inside, they had to search through numerous bodies and body fragments piled up on the floor to identify those of their relatives. Unrefrigerated remains, which were decomposing in the heat, emitted a terrible odour.13. On 5 August 2002 a panel of forensic experts examined the bodies of Mr and Mrs Mykhayliv and their daughters, and concluded that they had sustained fatal cerebral trauma and numerous other injuries. In particular, Mr Mykhayliv had sustained a severe concussion; the head of Mrs Mykhayliv had been completely destroyed; the heads of the children had been partly destroyed, with fragments missing. The documents on file indicate that the experts’ conclusions were based on external examination of the bodies.14. The applicants submitted that the bodies had been autopsied in spite of the first applicant’s objections.15. On an unspecified date the applicants collected the bodies of Mr and Mrs Mykhayliv and their daughters and buried them in the Yanivske cemetery in Lviv. According to the applicants, one of the girls had a gold earring missing. They further submitted that the head of Mrs Mykhayliv had been extracted from the crashed aircraft engine and, in spite of their pleas, had not been returned to them along with some other unspecified body fragments.16. The Government submitted that unidentified body fragments of the Sknyliv accident victims had been buried in a common grave in the Goloskivske cemetery in Lviv after all reasonably available possibilities of identifying them had been exhausted. They also provided several documents produced by the General Prosecutor’s Office in August and September 2002, apparently in response to the first applicant’s requests for further measures to be taken with a view to identifying body fragments, including a distorted female head, as possibly belonging to her deceased relatives. It appears from these documents that the chief investigator ordered some of the measures requested by the first applicant but rejected other requests as unfounded. It was also noted in the documents that, while the authorities had had a distorted female head in their possession, it could not have belonged to Mrs Mykhayliv, because, according to the expert findings, her head had been completely destroyed.B. Investigation of the circumstances of the Sknyliv air show accident17. On various dates several concurrent investigations were opened to establish the circumstances of the accident, including investigation by a special Government Commission set up for this purpose, the Ministry of Defence, the Lviv City Council, the Prosecutor’s Office, and Sknyliv Tragedy, a non-governmental organisation founded by survivors of the accident and those who had lost relatives at the air show.1. Investigation by the Special Government Commission18. On 27 July 2002 the President of Ukraine set up a special Commission (the Government Commission for the investigation of the causes of the catastrophe of the military aircraft of the Air Force of Ukraine; “the Special Commission”) with a specific mandate to investigate the circumstances of the accident and coordinate assistance to its victims. The Commission was chaired by the President of the National Security and Defence Council. Other members of the Commission included senior officials from the Ministries of Emergencies, Transport, Finances, Health, Interior and Social Protection, officers of the Security Service of Ukraine, the General Headquarters of the Armed Forces, the State Aviation Transport Department, and the Lviv Regional State Administration. The Commission also engaged several experts from the “Sukhoy” construction bureau (the SU-27 aircraft manufacturer, Russia) and two test pilots from the Russian Federation as aviation experts.19. Following the investigation, which included inspecting the accident site, interviewing individuals involved in the organisation of the air show and examining the relevant documents, as well as deciphering data from the flight data recorders, on an unspecified date in 2002 the Special Commission reported on the facts as follows.20. In June 2002 Colonel-General V.S. (the Air Force Commander-in-Chief) authorised the aerobatics show at the request of Lieutenant-General S.O. (the 14th Corps Commander). The Air Force Headquarters appointed a mixed team of officers from different units, including Colonel V.T., from Kirovske, Crimea as the first pilot; Colonel Y.Y., of the Air Force Headquarters, stationed in Vinnytsia, as the second pilot; and Lieutenant-Colonel Y.Ya., stationed in Mirgorod, as the aerobatic performance director. Lieutenant-General A.T. and Major-General A.L., both stationed locally in Lviv with the 14th Corps Command, were also designated to join the mission, one as “air show flights director” and the other as “chief safety officer”.21. On 24 July 2002 V.T., Y.Y. and Y.Ya. carried out their only training flight as a team. On the orders of the Air Force Headquarters, the flight took place at a military aerodrome in Ozerne, near Zhitomir. According to the Special Commission, that flight could not qualify as a rehearsal for the performance at the air show, as it included a different sequence of manoeuvres; its purpose was rather to improve and practise piloting techniques. The Commission also established that V.T. had requested an additional training flight in Ozerne and that his request had been turned down by the command, citing a shortage of fuel. Although the air show preparation programme included an on-site rehearsal flight on 26 July 2002, the 14th Corps Commander decided to cancel it for the same reason. The pilots were not formally apprised of the boundaries of the aerobatics zone or the placement of spectators.22. Before the show, the pilots were provided with a different aircraft from the one in which they had carried out their training flight. There was a certain asynchronism in the performance of the right and left engines of this aircraft. Overall, however, it was in an acceptable technical condition and remained fully operational until it crashed. The aircraft had been supplied with extra fuel in order to enable the pilots to return to Ozerne without landing at the site of the air show. The fact that the pilots had trained in a different aircraft and with less fuel had a negative impact on their readiness for performing aerobatic displays. For unspecified reasons, the pilots decided to take off without the mandatory anti-gravitation suits (“g-suits”). On arrival at the Sknyliv aerodrome, the pilots immediately started the performance, without taking any time to familiarise themselves with the site, which was new to them. During the performance, the aircraft exited the designated aerobatics zone, the boundary of which was some 150 metres from the spectators’ area. Neither A.T. nor Y.Ya., directing the flight from the ground, warned them of that fact or directed them to return to the designated zone. Still outside of the zone, V.T. decided to perform a certain aerobatic display (called “the trunk”), which he had never practised before and which was not included in his mission order. He made a technical mistake in its performance and, as the second pilot did not intervene when appropriate, the pilots lost control of the aircraft and it started falling. Subsequent efforts by the crew to regain altitude were futile.

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