The applicants, Petro and Mariya Matushevski, are two Ukrainian nationals who were born in 1952 and 1956 respectively and live in Lviv (Ukraine). They are the parents of Igor Matushevskyy who died in detention awaiting trial. Igor Matushevskyy was detained in February 2008 on suspicion of a drugs-related offence. According to the medical protocol at the time, he was in good health when detained. On 28 May 2008, Igor Matushevskyy’s cell mates alerted the prison guards that Igor had fallen from an upper bunk bed and had fainted. A few minutes later a doctor arrived at the cell and injected several substances into Igor, who died less than an hour later, shortly after an ambulance arrived. The doctors indicated that the cause of his death had been a head injury.
Igor’s cell mates provided written statements to the prison governor explaining that they had tried to revive Igor in various ways, including by rubbing his ears, feet and hands. The prison governor in turn submitted explanations which varied: at first he said that Igor had hurt himself after falling from his bed, later that Igor had fallen ill, and finally that he had fallen down in the shower. Notwithstanding the autopsy report, which did not contain conclusions about the cause of Igor’s death, several medical reports were drawn up between May and October 2008. They recorded numerous bruises all over his body and head, including on the inner side of his thighs and behind both ears. Also, internal haemorrhaging in his brain, both temples and kidneys was recorded. Furthermore, the applicants submitted to the Court photos of their dead son, in which patches of missing hair could been seen on both temples.The final medical conclusion was that Igor had died of a heart attack caused by an unidentified drug found in his blood and further exacerbated by a number of chronic illnesses from which he had been suffering. The injuries found on his body were considered light, and not related to his death, and the haemorrhaging was believed to have been the result of a generalised trauma to his already dead body.
The police and prosecution authorities repeatedly refused to open criminal proceedings related to Igor Matushevskyy’s death. Instead, numerous times they ordered the carrying out of investigative steps in order to explain in particular Igor’s injuries. Finally, the authorithies concluded that the injuries may have resulted from him falling from his bed and hitting first a table, then a bench next to it and, finally, the floor. The bruises behind both ears were thought to have occured as a result of intense rubbing by his cell mates when they had tried to resuscitate him. In April 2010, the Ukrainian authorities ordered the latest forensic examination and there is no information on its progress or outcome.
Relying in particular on Articles 2 and 3 the applicants alleged that their 30-year-old son had died after being ill-treated in pre-trial detention in February 2008 on suspicion of a drugs-related offence, and that the authorities had failed to carry out an effective investigation.
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)