Communicated on 5 October 2018
FIRST SECTION
Application no. 58906/14
Yuliya Mykolayivna GRYSHYNA against Ukraine and Russia
and 2 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 the applicants complain under Article 2 of the Convention that their relatives were killed.
In all the applications the applicants complain under Article 2 of the Convention that the domestic authorities failed to take measures necessary for carrying out an effective investigation into their relatives’ death.
In all the applications the applicants also complain under Article 2 of the Convention that their relatives were killed as a result of improper planning of the military operations by the Ukrainian authorities.
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.
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, were the applicants’ relatives killed?
3. As regards all the applications, have investigations been carried out in respect of the applicant’s allegations of a violation of Article 2 of the Convention, as required by that provision?
4. As regards all the applications, were the applicants’ relatives killed as a result of improper planning of the military operations by the Ukrainian authorities?
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?
APPENDIX
No.
Application
no.
Case title
Lodged on
Applicant name/
date of birth/
place of residence
Name/ date of birth of the killed person
Represented by
Notes
Investigation into the applicants’ complaints by Ukrainian/ Russian authorities
58906/14
Gryshyna v. Ukraine and Russia
27/08/2014
Yuliya Mykolayivna GRYSHYNA
19/08/1981
Boryspil
Sergiy Mykolayovych GRYSHYN
27/12/1984
Vitaliya Pavlivna
LEBID
On 29 July 2014 the applicant’s brother, Mr Sergiy Mykolayovych Gryshyn, born on 27 December 1984, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near Snizhne, Donetsk region.
In January 2015 a DNA analysis identified remains of a body as those of the applicant’s brother. On 4 February 2015 the medical death certificate was issued, according to which Mr Sergiy Mykolayovych Gryshyn died on 29 July 2014. It was not possible to establish the cause of the death.
Instituted on 24 August 2014 by the Kirovograd City Department of the Ministry of the Interior of Ukraine in Kirovograd region.
On 28 July 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.
66518/14
Gapochkina v. Ukraine and Russia
08/10/2014
Ganna Vasylivna GAPOCHKINA
30/06/1959
Pavlivka Persha
Vitaliy Vasylyovych MALYSH
02/06/1991
Alina Viktorivna PAVLYUK
On 29 August 2014 the applicant’s son, Mr Vitaliy Vasylyovych Malysh, born on 2 June 1991, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, was allegedly killed during combat near Ilovaysk, Donetsk region.
On 25 March 2015 the applicant’s son was acknowledged as dead on the basis of a forensic examination; date of death – 29 August 2014.
Instituted on 1 October 2014 by the Talniv District Department of the Ministry of the Interior of Ukraine in Cherkasy region.
On 28 August 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit the complaints to the Ukrainian authorities.
18961/15
Nedovodiyeva v. Ukraine and Russia
21/04/2015
Olena Petrivna NEDOVODIYEVA
30/07/1955
Kyiv
Viktoriya Petrivna NEDOVODIYEVA
26/04/1980
Kyiv
Mykyta Oleksandrovych NEDOVODIYEV
09/03/1981
Alina Viktorivna PAVLYUK
On 9 February 2015 the applicant’s relative, Mr Mykyta Oleksandrovych Nedovodiyev, born on 9 March 1981, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near the village of Logvynove, Donetsk region.
On 19 June 2015 the applicant’s relative was acknowledged as dead on the basis of a forensic examination; date of death – 9 February 2015.
Instituted on 12 February 2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.
On 8 December 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.
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