Published on 12 May 2025
FOURTH SECTION
Application no. 26812/20
Andriy Anatoliyovych ARTEMENKO and Others against Russia
and 2 other applications
(see list appended)
communicated on 25 April 2025
SUBJECT MATTER OF THE CASES
The applications stem from the conflict between Ukraine and the Russian Federation since the latter asserted its jurisdiction over the Crimean Peninsula in 2014 (see Ukraine v. Russia (re Crimea) (dec.) [GC], nos. 20958/14 and 38334/18, § 335, 16 December 2020). They concern a naval incident that occurred on 25 November 2018 at the Kerch Strait whereby a number of Russian coastguard vessels attacked three Ukrainian naval vessels, Berdyansk, Nikopol and Yany Kapu, seeking to transit the Strait.
The applicants are eighteen servicemen of the Ukrainian Navy, who were crew members of the three Ukrainian naval vessels at the time of the events. As a result of this attack the applicants in application no. 26812/20 were seriously injured. All the applicants were detained by the Russian authorities and charged with the offence of illegal crossing of the State border of the Russian Federation, under Article 322 § 3 of the Criminal Code of the Russian Federation. The applicants in application no. 26812/20 were hospitalised, while all other applicants were placed in the Simferopol pre-trial detention centre (SIZO No. 1). Later, all the applicants were transported to the IZ-77/2 detention facility in Moscow.
On 7 September 2019, as a result of an exchange of prisoners between Ukraine and the Russian Federation, the applicants were released and returned to Ukraine.
Relying on Article 2 of the Convention, the applicants allege that the use of force against them by the Russian Coast Guard was unjustified and put their lives at risk. They also complain about the lack of investigation into the incident by the Russian authorities.
The applicants complain that, despite their status as prisoners of war, they were treated as criminals by the Russian authorities, which caused them suffering in breach of Article 3 and Article 8 of the Convention. The applicants in application no. 26812/20 also complain under Article 3 of the Convention that they did not receive adequate medical treatment.
Finally, the applicants complain under Article 5 § 1 of the Convention that they were unlawfully deprived of their liberty.
QUESTIONS TO THE PARTIES
1. Have the applicants in applications nos. 26812/20 and 27234/20 complied with the six-month time-limit laid down in Article 35 § 1 of the Convention?
2. Have the applicants’ right to life, ensured by Article 2 of the Convention, been violated in the present case? In particular, was it absolutely necessary for the purposes of Article 2 § 2 to resort to a use of force which put the applicants’ lives at risk (Soare and Others v. Romania, no. 24329/02, §§ 126-130, 22 February 2011)?
3. Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), was the investigation in the present case by the Russian authorities in breach of Article 2 of the Convention? In this regard, the respondent Government are requested to clarify the investigative measures undertaken by their authorities into the events, and to provide documentary evidence in support of their replies.
4. As regards application no. 26812/20, considering the applicants’ state of health, has there been a violation of Article 3 of the Convention on account of the alleged inadequacy of the medical treatment provided to them? The respondent Government are invited to submit a detailed account of all medical assistance provided to the applicants.
5. Did the treatment of the applicants by the Russian authorities during their detention constitute a violation of Article 3 and/or Article 8 of the Convention?
6. Was the applicants’ detention in compliance with Article 5 § 1 of the Convention?
APPENDIX
List of applications
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Nationality
Represented by
1.
26812/20
Artemenko and Others v. Russia and Ukraine
15/06/2020
Andriy Anatoliyovych ARTEMENKO
1994
Ukrainian
Andriy Dmytrovych EYDER
1999
Ukrainian
Vasyl Viktorovych SOROKA
1991
Ukrainian
Yevgeniya Oleksandrivna ZAKREVSKA
2.
27234/20
Mokryak and Others v. Russia
15/06/2020
Roman Mykolayovych MOKRYAK
1986
Ukrainian
Yuriy Yuriyovych BEZYAZYCHNYY
1990
Ukrainian
Yuriy Oleksandrovych BUDZYLO
1973
Ukrainian
Sergiy Romanovych CHULIBA
1989
Ukrainian
Andriy Andriyovych OPRYSKO
1971
Ukrainian
Yevgeniya Oleksandrivna ZAKREVSKA
3.
19433/21
Bezpalchenko and Others v. Russia
07/03/2020
Viktor Anatoliyovych BEZPALCHENKO
1987
Ukrainian
Bogdan Olegovych GOLOVASH
1996
Ukrainian
Vladyslav Anatoliyovych KOSTYSHYN
1994
Ukrainian
Bogdan Pavlovych NEBYLYTSYA
1994
Ukrainian
Yevgen Vitaliyovych SEMYDOTSKYY
1998
Ukrainian
Andriy Anatoliyovych SHEVCHENKO
1991
Ukrainian
Volodymyr Anatoliyovych TERESHCHENKO
1994
Ukrainian
Sergiy Andriyovych TSYBIZOV
1997
Ukrainian
Volodymyr Kostyantynovych VARYMEZ
1992
Ukrainian
Mykhaylo Borysovych VLASYUK
1984
Ukrainian
Sergiy Anatoliyovych ZAYETS