An ineffective investigation of the conditions of death violates the right to life

JUDGMENT 

Tikhomirova v. Russia  Ρωσίας 03.10.17 (no. 49626/07)

see here

SUMMARY 

Death of a child in a car accident. Ineffective research into the conditions of  death in a car accident. Excessive duration of the survey. The actions of the authorities was contrary to the protection of the right to life.

PROVISION 

Article  2

PRINCIPAL FACT 

The applicant, Tatyana Tikhomirova, is a Russian national who was born in 1954 and lives in Serpukhov (Russia). The case concerned the investigation into the circumstances surrounding the death of her son (T.).

On 4 December 2006 T. was seriously injured in a road-traffic accident in which his vehicle left the road and crashed into a tree. At the time of the accident there were three persons in the vehicle. T. was taken to hospital, where he died on 16 December 2006.

On 14 December 2006 investigator R. refused to open a criminal investigation into the circumstances of the accident, holding that T. was driving the vehicle and had lost control of it, and that he had been responsible for the accident. On 16 January 2007 the prosecutor set aside that decision, ordering an additional investigation.

On 4 June 2007 Ms Tikhomirova asked the investigating authorities to carry out additional investigative measures in order to establish whether, at the time of the accident, her son was indeed driving the vehicle. On 3 July 2007, not having received a reply to her request, she complained to the Prosecutor about the investigator’s inactivity. On 13 July 2007 the deputy prosecutor noted that the investigation had not been conducted with the requisite diligence and that it had not enabled all the circumstances of the accident to be elucidated. He ordered additional investigative measures.

On 27 August 2007 the Serpukhov municipal court, on an application by Ms Tikhomirova, noted that the investigating authorities had not carried out the measures identified by the deputy prosecutor in his decisions of 16 January and 13 July 2007, and concluded that their inactivity was unlawful. It ordered that the measures in question be carried out. On 21 April 2008 the Moscow Regional Court issued a decision criticising the investigating authorities’ failings and passivity in conducting the investigation. It further instructed the authorities concerned to inform it within one month of the measures that had been taken.

On 5 March 2009 the investigating authorities issued a decision refusing to open a criminal investigation. This decision was set aside on 23 March 2009 by the deputy head of the investigative committee at the Serpukhov Office of the Ministry of the Interior, who requested an additional investigation. The case file available to the Court does not contain information on the implementation of the requested measures.

Relying on Article 2 (right to life), Ms Tikhomirova alleged that the investigation into the circumstances of her son’s death had been ineffective; she also complained about its excessive length.

THE DECISION OF THE COURT 

Violation of Article 2 (investigation)

Just satisfaction: EUR 10,000 (non-pecuniary damage) and EUR 1,040 (costs and expenses)(echrcaselaw.com editing)

 


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