FIFTH SECTIONCASE OF MANDRYKA v. UKRAINE(Application no. 12991/10)      JUDGMENT STRASBOURG13 January 2022 This judgment is final but it may be subject to editorial revision.In the case of Mandryka 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 9 December 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 17 February 2010.2. The applicant was represented by Mr E. Markov, a lawyer practising in Geneva.3. The Ukrainian Government (“the Government”) were given notice of the application.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 her son, who died in a road traffic accident.THE LAWALLEGED VIOLATION OF ARTICLE 2 § 1 of the Convention6. The applicant complained of the ineffective investigation into the death of her son in a traffic accident. She relied on Articles 2, 3 and 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