Communicated on 3 April 2018
FOURTH SECTION
Application no. 25697/08
Igor Viktorovich GORDUS
against Ukraine
lodged on 9 May 2008 and 9 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Ukrainian nationals.
The circumstances of the cases
On various dates the applicants complained to the national authorities that they had been subjected to physical and/or psychological ill-treatment by law-enforcement authorities. Most of the applicants submitted medical proof that they had suffered from injuries of various degrees, which, according to them, resulted from the purported ill-treatment (facts relative to individual cases are summarised in the Appendix).
In each case, the domestic courts repeatedly quashed the decisions of the investigative authority not to institute/to terminate criminal proceedings with a view to investigating the applicants’ complaints, referring to various mistakes and omissions in the inquiry.
In none of the cases the circumstances in which the applicants suffered injuries have been unequivocally established.
COMPLAINTS
1. The applicants complain under Article 3 of the Convention that they were subjected to ill-treatment by law-enforcement authorities.
2. They further complain that their relative complaints have not been effectively investigated by the domestic authorities. They invoke Article 3 and/or Article 13 (applications nos. 25697/08, 44047/09, 13577/16, 31750/16, 16810/17, 38328/17 and 69370/17) of the Convention in this respect.
3. Mr Gordus (application no. 25697/08) also complains under Articles 5 § 3 and 6 § 1 of the Convention respectively that the length of his detention pending trial and the length of the criminal proceedings in his case were unreasonable.
4. Finally, Mr Storozhuk (application no. 13577/16) also complains under Article 5 § 1 of the Convention that on 21 September 2010 he was groundlessly and arbitrarily retained handcuffed in a police car for about 1.5 hours without any relevant record having been made.
COMMON QUESTIONS
1. Have the applicants been subjected to torture, inhuman or degrading treatment, in breach of Article 3 of the Convention?
2. Having regard to the procedural protection from torture, inhuman and degrading treatment, (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present cases by the domestic authorities in breach of Article 3 of the Convention?
The parties are requested to provide copies of all pertinent medical records and procedural documents concerning the investigation of ill‑treatment complaints raised by the applicants.
CASE SPECIFIC QUESTIONS IN RESPECT OF APPLICATION NO. 25697/08 (GORDUS V. UKRAINE)
1. Was the length of the applicant’s pre-trial detention in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?
2. Was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
CASE SPECIFIC QUESTION IN RESPECT OF APPLICATION NO. 13577/16 (Storozhuk v. Ukraine)
Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, what was the legal basis for holding him handcuffed in a police vehicle on 21 September 2010 (see, mutatis mutandis, Belousov v. Ukraine, no. 4494/07, §§ 79‑85, 7 November 2013)?
APPENDIX
Applicant
Date of alleged ill-treatment
Place and authority involved in alleged ill-treatment
Gravity of alleged ill-treatment
Applicant’s explanations/allegations
1. Application no. 25697/08 lodged on 9 May 2008
GORDUS Igor Viktorovich
born in 1973
residing in Debaltsevo
(a) 08/04/2006
(b) 18/06/2006
(a) Debaltsevo City Police station by several police officers
(b) Cell in the Temporary Detention Facility (ITT) of the Debaltsevo City Police by two unidentified police officers in plain clothes
(a) Minor injuries (bruises, abrasions) confirmed by forensic expert on 12/04/2006
(b) Shoulder bruising detected by the Artemivsk detention facility (SIZO) medical staff on 20/06/2006
(a) with a view to extorting confessions of drug dealing and other offences, applicant was handcuffed to a radiator for 12 hours; beaten w/hands and truncheons; pushed causing him fall
(b) applicant beaten because of his unwillingness to plead guilty and in retaliation for lodging complaints against the police
2. Application no. 44047/09 lodged on 11 August 2009
1. SOKOLOVSKIY Andriy Grygorovych
born in 1979 residing in Chernivtsi
2. KOKOV Ruslan Aslanovich
born in 1981 residing in Chernivtsi
3. KOVAL Oleg Ilyich
born in 1977 residing in Chernivtsi
11/04/2008
Premises of the Chernivtsi Region Organised Crime Police by officers O.L., E.B. and unidentified others;
premises of the Shevchenkivskiy District Police in Chernivtsi by the aforementioned O.L. E.B. and others
1. Minor injuries confirmed by forensic expert on 14/04/2008
2. Cerebral-cranial trauma confirmed by sick leave certificate of 14/04/2008
3. No visible injuries sustained
Applicants beaten with hands, legs and books; threatened that their relatives would be harmed with a view to obtaining incriminating statements against their friend Mr Kharina (fourth applicant whose complaints have been declared inadmissible)
3. Application no. 50463/13 lodged on 29 July 2013
GIDULYAN Oleg Sergeyevich
born in 1969
residing in Pershotravensk
13/03/2006
Premises of the Pershotravensk police station by police officers V.S. and D.R.
Intermediately serious injuries (multiple bruises, rib fractures, post-traumatic pneumonia) confirmed by forensic expert on 14/03/2006
Applicant taken to police station and beaten in retaliation for his verbal protests against brutal conduct of the police with his friend V.Y., spotted urinating in a public place. According to the police version, injuries caused by unidentified private persons and not in custody.
4. Application no. 50379/15 lodged on 6 October 2015
KITSENKO Igor Genadiyevych
Born in 1973
Residing in Kyiv
04/03/2010
During arrest and transportation to the Dniprovskyy District Police Station in Kyiv by officers M.D., D.A. and Y.Kh. of the “Berkut” police department; in the premises of the police station
Hematomas recorded by medical staff of the Kyiv SIZO on 09/03/2010
Applicant, suspected of robbery, did not resist his arrest; in spite of this, he was brutally handcuffed, beaten, placed in the trunk of the police vehicle. In response to his protests, vehicle was stopped in a park, applicant thrown on the pavement, kicked and punched while lying handcuffed. Insulin-dependent diabetes sufferer, while in the police station, applicant was not provided with requisite medical assistance and forced instead to sign statements and procedural documents in near-comatose state.
5. Application no. 13577/16 lodged on 24 February 2016
STOROZHUK Artur Moyseyovych
born in 1974
residing in Khmelnytskyy
21-22/09/2010
During arrest and in the police car by officers S.V., O.Z., V.B. and several others of the Central District police in Khmelnitskiy
Intermediately serious injuries (bone shoulder fracture and bruising) confirmed by hospital certificate of 22/09/2010 and subsequent expert assessments
Applicant’s arms were twisted behind his back and handcuffed; applicant beaten with truncheons and retained in a police car handcuffed for about 1.5 hours afterwards without any record having been made. According to the police, applicant retained for violent and indecent conduct while they inspected his car, which was burning.
6. Application no. 31750/16 lodged on 26 May 2016
ZATOLOKIN Roman Sergiyovych
born in 1976
residing in Khorosheve
27/01/2015
Shevchenkivskyy District Police department in Kharkiv by several officers of this department
Cerebral-cranial trauma and abdominal contusion certified by the Meshchaninov municipal hospital in Kharkiv on 29/01/2015
Applicant was punched on the head and stomach, threatened and pressed against the wall with a view to extorting self-incriminating statements regarding hijacking a vehicle.
7. Application no. 16810/17 lodged on 21 February 2017
STRILETSKYY Oleksandr Pavlovych
born in 1966
detained in Zaporizhzhia
29/10–09/12/2008
Various police departments in Zaporizhzhia and Kherson Regions by officer M.G. of the Zaporizhzhia police and police officers from Zaporizhzhia and Kherson regions
Intermediately serious injuries (rib fractures) certified by an expert on 18/09/2015
Applicant was tortured for many days (beaten, suffocated, subjected to “Palestinian hanging”; fingers twisted and pinched; threatened with further tortures and harm to his niece, etc.) with a view of extorting confessions of having committed several murders and other crimes.
8. Application no. 38238/17 lodged on 22 May 2017
POPURIY Oleksandr Volodymyrovych
born in 1980
residing in Dymytrov
20-21/01/2016
Premises of the Kramatorsk department of the State migration service; Kramatorsk Prosecutor’s Office; and Kramatorsk Department of the State Security Service (SSS) of Ukraine by prosecutor Y.S., several police officers and an SSS officer
Cranial-cerebral trauma and neurosensory hearing loss diagnosed on 25 January 2016 in the Kramatorsk municipal hospital;
Minor injuries according to expert assessment of 27/01/2016
Applicant was strip-searched, repeatedly beaten and threatened with a view to extorting statements incriminating V.S., his hierarchical superior from the Migration Service, of office abuse.
9. Application no. 51100/17 lodged on 5 July 2017
KLIMOV Pavlo Volodymyrovych
born in 1966
residing in Apostolove
19-21/12/2006
Applicant’s home; premises of the Komunarskiy District Police in Zaporizhzhia by prosecutor S.L. and several police officers
Purulent hematoma on the left leg operated on 9 January 2007 in a municipal hospital;
Injuries of intermediate seriousness according to forensic assessment of unspecified date
Applicant was tortured (threatened, verbally humiliated; beaten on the head, kidneys and legs; shaken until his head drooled; locked in an empty office for a night without food, water or WC access); his ear pressed with a key until it bled; with a view to extorting confessions of having inflicted fatal injuries on T.A., his partner
10. Application no. 69370/17 lodged on 12 September 2017
SLYVOTSKYY Mykola Volodymyrovych
born in 1981
detained in Berdychiv
03-4/11/2003
04/11/2003 – 04/04/2004
In the forest by officers O.D., A.K. and V.G. of the Voznesensk police
Voznesensk police station by same and investigator T.V.; Voznesensk temporary detention facility (ITT) by inmates V.V. and V.P.
No medical evidence; photos of investigative actions allegedly showing the applicant bruised
On 03/11/2003 applicant was subjected to “Palestinian hanging” in the forest, threatened that harm would be caused to relatives; beaten; pistols were pressed against his forehead with a view to extorting confessions of murders and other crimes. On 04/11/2003 beatings and threats continued in the premises of the police station. In breach of applicable law, applicant detained until April 2004 in the basement cell of the Voznesenk police (“ITT” designed for short-term detention only) with a view to breaking his moral resistance (up to 15 inmates for 4 beds; no toilet, no access to daylight/fresh air; no outside exercise; inmates frequently woke the applicant at night on police orders).
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