Death of a soldier in a military camp
JUDGMENT
Kolobychko v. the Republic of Moldova, Russia and Ukraine 18.-9.2018 (no. 36724/10)
SUMMARY
Death soldier during his military service. The soldier left the camp and was found in the river months later. Although the prosecutor initiated a criminal investigation regarding his drowning, he then suspended the case because of the failure to identify the victim. No violation of Article 2 by the Republic of Moldova, as there was insufficient evidence to prove that the life of the applicant’s son was threatened within the camp.
PROVISIONS
Article 2
Article 3
Article 13
PRINCIPAL FACTS
The applicant, Ivan Kolobychko, is a Ukrainian national who was born in 1963 and lives in Tiraspol (Transdniestrian region of the Republic of Moldova). The case concerned the death of the applicant’s son, Evgueni Kolobychko, while he was doing his compulsory military service. The events had taken place in an area that was under the exclusive control of the authorities of the “Moldavian Republic of Transdniestria” (“MRT”), self-proclaimed as such. In July 2007 the “MRT” army conscripted Mr Kolobychko’s son into a military unit located in Tiraspol. Some two months later, Evgueni Kolobychko left the unit of his own accord and went to live with his cousin for one month.
According to statements by his parents and cousin, Evgueni Kolobychko had numerous bruises on his body at that time, and he explained to them that soldiers had bullied and ill-treated him. In October 2007 Evgueni Kolobychko was taken back to the barracks from which he fled again one week later. His decomposing body was found on the bank of the Dniestr in January 2008.
The forensic medical report concluded that he had drowned. The “MRT” military prosecutor’s office opened a criminal investigation but subsequently suspended it, as nobody who could be charged had been identified. Mr Kolobychko also filed a complaint for murder with the Moldovan authorities and the office of the Prosecutor General of the Russian Federation.
The investigation opened by the Moldovan Prosecutor General was suspended for the same reason as the MRT investigation. Relying in particular on Article 2 (right to life), Mr Kolobychko complained about the death of his son during his military service and about the investigation into the circumstances of the death.
THE DECISION OF THE COURT
No violation of Article 2 by the Republic of Moldova
The Court found that the evidence before the Court did not allow IT to conclude that Evgueni Kolobychko was killed or that his death took place in the military camp. It therefore considers that it has not been “beyond reasonable doubt” that the soldiers or officers of the Transnistrian authorities participated in this death.
That being said, the Court still needs to examine whether the Transnistrian authorities knew or ought to have known whether there was a real and imminent danger to the life of Evgueni Kolobychko and if so if they had done everything they could reasonably expect from them to prevent this danger.
The Court notes that Evgueni Kolobychko’s allegations that his life was at risk due to the persecution and abuse of the soldiers are based solely on allegations made by the applicant and his relatives, who rely solely on comments he himself had done. The Court notes that the applicant has not adduced other evidence in support of his argument. There was insufficient evidence to prove that the life of the applicant’s son was threatened by acts of others.
Accordingly, there has been no violation of Article 2 of the Convention as to its substance with regard to the applicant’s son(echrcaselaw.com editing).
