Published on 15 September 2025
FIFTH SECTION
Application no. 8862/20
Sergiy Oleksandrovych KUZUB against Ukraine
and 5 other applications
(see list appended)
communicated on 27 August 2025
SUBJECT MATTER OF THE CASES
At the relevant time the applicants were serving sentences in Oleksiyivska Prison no. 25, a medium-security prison in Kharkiv.
The applications mainly concern their allegation, in reliance on Article 3 of the Convention, that they were subjected to ill-treatment during a general search on the night of 7 January to 8 January 2020, with the involvement of a special-forces unit.
The incident had been preceded by a visit of a human rights’ organisation to the prison in December 2019, during which many prisoners had raised serious complaints of ill-treatment and poor conditions of detention. Another such monitoring visit had been previewed at some point after 7 January 2020.
During the prison search all the cameras, as well as portable video recording devices supposed to be used by the rapid-reaction group members, were switched off, reportedly because of a technical malfunction. No visits were allowed to the prison, including from human rights organisations, advocates, journalists or prisoners’ relatives, until 28 January 2020, with the reference to the “special emergency regime”.
A criminal investigation into the alleged ill-treatment of prisoners was launched on 10 January 2020, following extensive media reports concerning the situation in the prison, which was broadly perceived as alarming. It was discontinued twice, on 19 October 2021 and 11 March 2022, for the lack of an indication of a criminal offence, but both those decisions were quashed as premature and unfounded. The investigation remains pending. According to the applicants, it has been lengthy and ineffective.
Some of the applicants also referred to other episodes of their alleged ill-treatment in Oleksiyivska Prison.
QUESTIONS TO THE PARTIES
1. Were the applicants subjected to treatment or punishment in breach of Article 3 of the Convention during the general search in Oleksiyivska Prison on 8 January 2020 and/or on any other occasions?
2. Having regard to the procedural protection from ill-treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation undertaken by the domestic authorities into the applicants’ alleged ill-treatment in breach of Article 3 of the Convention?
The Government are also requested to submit copies of all the relevant documents, including but not limited to the directions given by the prosecutor to the investigator on 8 July 2020, 27 January and 10 March 2021, and, possibly, on other dates, as well as the documents on the relevant investigative measures.
APPENDIX
No.
Application no.
Case name
Lodged on
1.
8862/20
Kuzub v. Ukraine
13/02/2020
2.
19785/20
Karas v. Ukraine
10/01/2020
3.
19786/20
Tarasov v. Ukraine
10/01/2020
4.
19787/20
Kharlamov v. Ukraine
10/01/2020
5.
25583/20
Surmanidze v. Ukraine
10/01/2020
6.
6284/25
Laryn v. Ukraine
14/02/2025