FIFTH SECTIONCASE OF SEMERZHIY AND OTHERS v. UKRAINE(Application no. 55064/18 and 3 others –see appended list)      JUDGMENT STRASBOURG10 November 2022 This judgment is final but it may be subject to editorial revision.In the case of Semerzhiy and Others v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Stéphanie Mourou-Vikström, President, Ivana Jelić, Kateřina Šimáčková, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 20 October 2022,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.2. The Ukrainian Government (“the Government”) were given notice of the applications.THE FACTS3. The list of applicants and the relevant details of the applications are set out in the appended table.4. The applicants complained of the ineffective investigation into the death of their relatives.THE LAWJOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.ALLEGED VIOLATION OF ARTICLE 2 § 1 of the Convention6. The applicants complained of the ineffective investigation into the death of their relatives. They relied on Articles 2 and 6 § 1 and Article 13 of the Convention.7. The Court, which is the 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.

Outcome for Article 2: violation