Published on 22 June 2026
FOURTH SECTION
Application no. 21503/16
Vasyl Volodymyrovych BURENKOV
against Ukraine
lodged on 30 March 2016
communicated on 3 June 2026
SUBJECT MATTER OF THE CASE
The application emanates from the armed conflict in the east of Ukraine.
The applicant, a civilian, states that on 11 September 2014 two members of the Ukrainian volunteer battalion “Pravyy Sector”, dressed in military uniform, came to his home in Pisky, Donetsk region, and forced him into a vehicle.
He was taken to a local factory in Pisky where more people in military uniform were present, and was ordered to disassemble the factory equipment. When the applicant refused, the two men beat him on his head and upper body with their feet, fists and rifle stocks. Then a third person in a military unform opened fire at the applicant’s legs from a machine gun. Three bullets hit the applicant’s legs.
The applicant states that a person who appeared to be a commander of the people in military uniform then came over, put him in a military vehicle with no registration plates and took him to hospital in Selydove, Donetsk region.
The applicant underwent a surgery and remained hospitalised until 2 October 2014. Nevertheless, one bullet remained in the applicant’s leg as the medical personnel were unable to remove it. The applicant spent the following six months in a wheelchair and continued to struggle with mobility issues due to his injuries.
Domestic remedies attempted by the applicant
On 11 September 2014 the applicant was visited and interviewed by local police officers while in Selydove hospital. A respective criminal investigation into his allegations was initiated on the same day; however, the applicant was never contacted by the law enforcement authorities after that.
In September 2015 the applicant’s lawyer inquired about the progress of the investigation. On 1 February 2016 the law enforcement authorities stated that the investigation was rendered difficult by the ongoing hostilities and requested that the applicant appear for an interview.
The applicant states that this letter made him realise that the ongoing investigation was ineffective and seise the Court. The applicant has not informed the Court of any further developments in the investigation.
COMPLAINTS
Invoking the substantive limb of Article 3 of the Convention, the applicant complains of the ill-treatment allegedly meted out to him by representatives of the Ukrainian volunteer military battalion “Pravyy Sector”.
Under the procedural limb of Article 3 in conjunction with Article 13 of the Convention, the applicant complains of the alleged failure of the law enforcement authorities to carry out an effective investigation into the incident.
QUESTIONS TO THE PARTIES
1. Has the applicant complied with the requirements set forth in Article 35 § 1 of the Convention as in force on the date of introduction of his application?
2. Has the applicant been subjected to ill-treatment within the meaning of Article 3 of the Convention on account of having been shot at and injured on his leg, as alleged by him? Also, can the actions allegedly taken by the Ukrainian volunteer military battalion “Pravyy Sector” toward the applicant be imputed to the Ukrainian authorities (see Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, §§ 318-19, ECHR 2004-VII, and Avşar v. Turkey, no. 25657/94, §§ 413‑16, ECHR 2001‑VII)?
3. Having regard to the procedural protection from inhuman and degrading treatment, has an effective investigation been conducted by the Ukrainian authorities into the alleged ill-treatment, as required by Article 3 in conjunction with Article 13 of the Convention?