Communicated on 15 March 2018
FIRST SECTION
Application no. 66264/14
Oksana Leonidivna FONINA against Ukraine and Russia
and 4 other applications
(see list appended)
STATEMENT OF FACTS
The facts of the cases, as submitted by the applicants, are set forth in the appended table.
COMPLAINTS
In all the applications, except for application no. 7962/15, the applicants complain under Article 3 of the Convention, relying on information received from soldiers released from captivity, that there is a high probability that their relatives captured in 2014 are ill-treated and held in poor conditions.
As regards applications nos. 66264/14, 74577/14 and 7028/15 the applicants complain that the continuing unlawful captivity of their relatives is tantamount to torture within the meaning of Article 3 of the Convention.
In all the applications the applicants complain under Article 3 of the Convention that long-lasting uncertainty about their relatives’ fate causes them serious mental suffering.
In all the applications, except for application no. 7962/15, the applicants complain under Article 5 § 1 of the Convention that their relatives’ continuous deprivation of liberty is unlawful.
In all the applications the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights as required by Article 13 of the Convention. They therefore did not have effective remedies in that respect.
As regards application no. 7962/15 the applicant complains under Article 2 that her brother might be dead as he disappeared under life‑threatening circumstances.
QUESTIONS TO THE PARTIES
1. Do the alleged violations of the Convention fall within the “jurisdiction” of the respondent States within the meaning of Article 1 of the Convention?
2. As regards all the applications, except application no. 7962/15, have the applicants’ relatives been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?
3. As regards applications nos. 66264/14, 74577/14 and 7028/15, can the captivity of the applicants’ relatives be regarded as torture?
4. As regards all the applications, except application no. 7962/15, are the applicants’ relatives deprived of their liberty in breach of Article 5 § 1 of the Convention?
5. As regards all the applications, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention?
6. As regards application no. 7962/15, is there any evidence available to the effect that the applicant’s brother is still alive?
APPENDIX
No.
Application
no.
Case title
Lodged on
Applicant name/
date of birth/
place of residence
Name/ date of birth of disappeared person
Represented by
Notes
Investigation into the applicants’ complaints by Ukrainian/ Russian authorities
66264/14
Fonina v. Ukraine and Russia
07/10/2014
Oksana Leonidivna FONINA
Sofiyivska Borshchagivka
Yuriy Leonidovych GOVYADOVSKYY
21/09/1959
Oleg Igorovych VEREMIYENKO
From July 2014 the applicant’s brother, Mr Yuriy Govyadovskyy, born on 21 September 1959, served in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. On 28 August 2014 the said battalion was caught in an ambush near Ilovaysk, Donetsk region. On 29 and 30 August the applicant spoke with her brother on the phone and the latter informed her that the battalion was trying to retreat, but was under heavy fire.
On 31 August 2014 an unknown person notified the applicant that her brother had been taken captive by the separatist militants of the so-called Donetsk People’s Republic (DPR). In about 7-10 days Mr Govyadovskyy called the applicant and notified her that he was detained in the former building of the Security Service of Ukraine in Donetsk.
A captive, Mr Valentyn Uletskyy (nom de guerre Kozak), who had been released on 15 September 2014, contacted the applicant on the same day and informed her that her brother was still held in the basement of the former building of the Security Service of Ukraine in Donetsk.
The applicant recognized her brother on a YouTube video at ().
The applicant submits that Mr Govyadovskyy’s name is present on the prisoners’ list of a specialized governmental agency Centre for the Liberation of War Prisoners under No. 162, as of 14 September 2014 and on the list of the Security Service of Ukraine.
On 29 September 2014 the applicant lodged a complaint with the Security Service of Ukraine
69887/14
Polishchuk v. Ukraine and Russia
29/10/2014
Yuriy Oleksandrovych POLISHCHUK
28/09/1985
Kyiv
Viktor Oleksandrovych POLISHCHUK
27/05/1981
Oleg Igorovych VEREMIYENKO
On 31 August 2014 the applicant’s brother, Mr Viktor Oleksandrovych Polishchuk, born on 27 May 1981, was taken captive near Ilovaysk by the separatist militants of the so-called Donetsk People’s Republic (DPR) while serving in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. The applicant learnt about his brother’s captivity from the following videos, where he recognized his brother:
and
.
On 3 September 2014 the applicant lodged a complaint with the Security Service of Ukraine and on 23 October 2014 – with the Kyiv Chief Directorate of the Ministry of the Interior of Ukraine.
74577/14
Pshenychnov v. Ukraine and Russia
28/11/2014
Oleksandr Anatoliyovych PSHENYCHNOV
30/05/1964
Kyiv
Sergiy Kostyantynovych PSHENYCHNOV
07/08/1996
Oleg Igorovych VEREMIYENKO
On 15 August 2014 the applicant’s nephew, Mr Sergiy Pshenychnov, born on 7 August 1996, was abducted by the separatist militants of the so-called Lugansk People’s Republic (LPR) when returning to his home town of Lugansk from the area controlled by the Ukrainian authorities.
On an unspecified date Mr Sergiy Pshenychnov’s father, Mr Kostyantyn Pshenychnov, came to Lugansk and saw his son in the building of the Security Service of Ukraine, but was not allowed to contact him.
In the meantime, in October-November 2014 several persons were released from the captivity (Mr Yuriy Lelyavskyy and Mr Sergiy Zakharov); they confirmed that Mr Sergiy Pshenychnov remained in detention in Lugansk.
On 25 November 2014 a guard of the detainment facility contacted Mr Sergiy Pshenychnov’s father and informed him that Mr Pshenychnov was alive and allowed to receive parcels.
Instituted on 24 November 2014 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.
On 24 November 2014 the applicant lodged complaint with the Security Service of Ukraine.
7028/15
Solovyova v. Ukraine and Russia
06/02/2015
Olena Sergiyivna SOLOVYOVA
03/04/1985
Mariupol
Yuriy Viktorovych SOLOVYOV
30/09/1979
Oleg Igorovych VEREMIYENKO
On 30 August 2014 the applicant’s husband, Mr Yuriy Viktorovych Solovyov, born on 30 September 1979, was taken captive near Ilovaysk by the separatist militants of the so-called Donetsk People’s Republic (DPR) while serving in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine.
Without providing any explanation the applicant states that she received information about her husband’s captivity from militants of the so-called Donetsk People’s Republic. She also submits that her husband’s name is in the list of captives placed on the Facebook page of the specialized governmental agency Centre for the Liberation of War Prisoners:
The applicant’s husband’s captivity is confirmed also by the letter of the Security Service of Ukraine of 20 February 2015.
Instituted on 28 October 2014 by the Mariupol City Directorate of the Ministry of the Interior of Ukraine in Donetsk region and on 9 February 2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.
7962/15
Buzenko v. Ukraine and Russia
12/02/2015
Olga Petrivna BUZENKO
06/02/1986
V. Kucheriv
Volodymyr Petrovych BUZENKO
28/07/1988
Oleg Igorovych VEREMIYENKO
On 19 January 2015 the applicant spoke on the phone with her brother, Mr Volodymyr Petrovych Buzenko, born on 28 July 1988, for the last time. He served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine. During their telephone conversation the applicant’s brother notified the applicant that he was in Donetsk Airport on combat mission. After that the applicant had no information about her brother’s fate.
Instituted on 9 February 2015 by the Directorate of the Ministry of the Interior of Ukraine in Chernivtsi region.
On 29 January 2015 the applicant lodged a complaint with the Security Service of Ukraine, which forwarded the complaint to the Chernivtsi District Prosecutor’s Office.
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