Published on 12 May 2025
FOURTH SECTION
Application no. 43922/22
A against Russia
and 6 other applications
(see list appended)
communicated on 22 April 2025
SUBJECT MATTER OF THE CASES
The applications concern the alleged ill-treatment and unlawful detention of a number of Ukrainian prisoners of war who were captured by Russian forces during the Russian Federation’s military operations on the territory of Ukraine.
The applicants, who are servicemen of the “Azov” Regiment, the 12th Brigade of the National Guard of Ukraine, and the 36th Separate Marine Brigade of the Armed Forces of Ukraine, were captured by Russian forces at the Azovstal Iron and Steel Works (“Azovstal plant”) in Mariupol, Donetsk region, on 20 May 2022 (the applicant in application no. 43947/22 was captured on 17 May 2022). They were subsequently held in incommunicado detention.
Between 20 and 24 May 2022, the applicants were detained in Olenivka prison in the Donetsk region (the applicant in application no. 43947/22 – between 17 and 24 May 2022). Between 25 May and 21 September 2022, the applicant in application no. 43953/22 remained detained in Olenivka prison while the applicants in applications nos. 43922/22, 43925/22, 43941/22, 6417/23 and 6470/23 were transported by plane to Moscow and held in the Lefortovo pre-trial detention facility (“the Lefortovo SIZO”).
The applicant in application no. 43947/22 was also transported by plane to Moscow on 25 May 2022 where he was detained in the Lefortovo SIZO until 6 July 2022. From 6 to 31 July 2022, he was detained in Izolyatsiya Prison in the Donetsk region; from 31 July to 1 August 2022 in Donetsk Temporary Detention Centre; and from 1 August to 21 September 2022 in Donetsk pre‑trial detention facility (“Donetsk SIZO”). The applicant was allegedly “prosecuted” by the so-called “Supreme Court of the Donetsk People’s Republic” on “charges” of participating in an unauthorised armed formation abroad, receiving training for terrorist purposes, and undertaking actions aimed at the violent overthrow of power in contravention of the “constitution” of the so-called “Donetsk People’s Republic” (“DPR”).
On 15 September 2022, the applicants’ relatives in five of the seven applications (namely applications nos. 43922/22, 43925/22, 43941/22, 43947/22 and 43953/22) requested the Court to indicate interim measures under Rule 39 of the Rules of Court. On 16 September 2022 the Court decided to indicate to the Government of the Russian Federation, under Rule 39 of the Rules of Court, that, in the interests of the parties and the proper conduct of the proceedings before it, they should (i) ensure that the death penalty is not imposed on the applicants; (ii) ensure respect for the Convention rights of the applicants, notably under Articles 2 and 3 of the Convention; (iii) ensure appropriate conditions of detention; and (iv) provide them with any necessary medical assistance and medication. The Government of the Russian Federation have not provided any replies to the Court’s decision of 16 September 2022.
The applicants were released in a prisoner exchange on 21 September 2022.
On 3 October 2022, the Court reconsidered the five applications in which it had indicated interim measures, and in light of the information provided by the Government of Ukraine regarding the applicants’ release from captivity, it decided to lift the interim measures previously indicated under Rule 39. Relying on Article 34 of Convention, the applicants in these five applications complain that the Russian Federation failed to implement the interim measures indicated by the Court.
Relying on Articles 3, 5, 8 and 13 of the Convention, the applicants in all seven applications complain that they were treated as convicts rather than prisoners of war and were subjected by Russian authorities to torture and an absolute ban on contact with family members and the outside world.
Finally, the applicant in application no. 43947/22 complains that he was put on “trial” despite having combatant privilege and immunity due to his involvement in an international armed conflict, and argues that the so-called “Supreme Court of the Donetsk People’s Republic” could not be regarded as an “independent and impartial tribunal established by law”, within the meaning of Article 6 of the Convention.
QUESTIONS TO THE PARTIES
1. Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention (see Pivkina and Others v. Russia, no. 2134/23, § 61, 29 June 2016)?
2. Were the applicants subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?
3. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention (see Hassan v. the United Kingdom [GC], no. 29750/09, §§ 100-07, 16 September 2014; see also Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, § 984, 25 June 2024)?
4. Was the applicant in application no. 43947/22 granted combatant privilege and immunity? Was his criminal case adjudicated by an “independent and impartial tribunal established by law” within the meaning of Article 6 § 1 of the Convention?
5. Has there been a breach of the applicants’ rights under Article 8 of the Convention on account of the absolute ban on contact with their family members or the outside world?
6. Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 3, 5, 6, and 8, as required by Article 13 of the Convention?
7. Have the Government of the Russian Federation complied with the interim measures indicated on 16 September 2022 under Rule 39 of the Rules of Court in applications nos. 43922/22, 43925/22, 43941/22, 43947/22 and 43953/22? If the answer is in the negative, was there a hindrance by the respondent Government to the effective exercise of the applicants’ right of individual application, ensured by Article 34 of the Convention (see Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, §§ 128-29, ECHR 2005‑I)?
APPENDIX
List of applications
No.
Application no.
Case name
Lodged on
Represented by
1.
43922/22
A v. Russia
15/09/2022
Anna Sergiyivna KALYNCHUK
2.
43925/22
B v. Russia
15/09/2022
3.
43941/22
C v. Russia
15/09/2022
4.
43947/22
D v. Russia
15/09/2022
5.
43953/22
F v. Russia
15/09/2022
6.
6417/23
G v. Russia
15/01/2023
7.
6470/23
H v. Russia
15/01/2023