Communicated on 9 January 2018
FIRST SECTION
Application no. 30863/14
Sergiy Oleksandrovych LEFTER 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
The applicants complain under Article 3 of the Convention of the poor conditions of their detention and of having been humiliated and ill‑treated during their detention.
Referring to the above-mentioned provision of the Convention, in application no. 30863/14 the applicant also complains that the domestic authorities failed to take measures necessary for carrying out an effective investigation into the alleged ill-treatment.
The applicants furthermore complain under Article 5 § 1 of the Convention of the unlawfulness of their being deprived of their liberty.
As regards application no. 30863/14, the applicant also complains under Article 5 § 1 of the Convention that he was detained without a court order.
As regards application no. 30863/14, the applicant also complains under Article 5 § 2 of the Convention that he was not informed of suspicion against him.
As regards application no. 34099/14, the applicant complains under Article 4 of the Convention that he was forced to undertake labour.
Referring to Article 13 of the Convention, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights. They therefore did not have effective remedies in that respect.
As regards applications nos. 30863/14 and 51253/14 the applicants complain under Article 8 that their detention violated their right to private life and correspondence in that in their cell phones and laptop computers were checked without their consent.
As regards applications nos. 30863/14 and 51253/14, the applicants complain under Article 10 that they were persecuted for expressing their pro-Ukrainian views.
In application 30863/14 the applicant complains under Article 14 that he was persecuted on the basis of his speaking the Ukrainian language and having pro-Ukrainian and pro-European views.
QUESTIONS
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. Were the applicants subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?
3. Were the applicants deprived of their liberty, in breach of Article 5 § 1 of the Convention?
4. As regards application no. 30863/14, do the facts complained of amount to a violation of Article 5 § 2 of the Convention?
5. As regards application no. 34099/14, do the facts complained of amount to a violation of Article 4 of the Convention?
6. As regards application no. 30863/14, have investigations been carried out in respect of the applicants’ allegations of a violation of Article 3 of the Convention, as required by that provision?
7. 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?
8. As regards applications nos. 30863/14 and 51253/14, did the applicants’ detention violate their right to private life and correspondence?
9. As regards applications nos. 30863/14 and 51253/14, were the applicants persecuted for expressing their pro-Ukrainian views, in breach of Article 10 of the Convention?
10. As regards applications nos. 30863/14 and 51253/14, were the applicants persecuted on the basis of their speaking the Ukrainian language and having pro-Ukrainian and pro-European views?
APPENDIX
No.
Application
no.
Case title
Lodged on
Applicant name
date of birth
place of residence
Represented by
Notes
Investigation into the applicants’ complaints by Ukrainian/ Russian authorities
30863/14
Lefter v. Ukraine and Russia
23/04/2014
Sergiy Oleksandrovych LEFTER
11/03/1990
Kozyatyn
Yevgeniya Oleksandrivna ZAKREVSKA
On 15 April 2014 the applicant, a journalist, was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the former Security Service of Ukraine’s building in Slovyansk. Until his release on 2 May 2014 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Lefter Valentyna Petrivna, applicant’s mother
Instituted on 17 April 2014 by Slovyansk Investigative Department of the Ministry of Interior of Ukraine. On 19 May 2014 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
31357/14
Krat v. Ukraine and Russia
24/04/2014
Irma Mykolayivna KRAT
26/08/1984
Lokhvytsya
Oleg Igorovych VEREMIYENKO
On 20 April 2014 the applicant, a journalist, was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR). She was detained at first in the former Security Service of Ukraine’s building and then in the town hall’s building in Slovyansk. Until her release on 5 June 2014 she was ill-treated and kept in inhuman and degrading conditions.
The case was introduced by Ms Anichina Milana Mykolayivna, applicant’s sister
No data available
34099/14
Oprya v. Ukraine and Russia
05/05/2014
Igor Igorevych OPRYA
04/08/1995
Kyiv
Yana Vasylivna ZAYIKINA
On 1 May 2014 the applicant, a person with disability, was detained in the former Security Service of Ukraine’s building in Slovyansk by the separatist militants of the so-called Donetsk People’s Republic (DPR). Until his release on 6 July 2014 he was ill-treated, kept in inhuman and degrading conditions and made to perform forced labour.
The case was introduced by Ms Kaulina Natalya Viktorivna, applicant’s aunt, and Ms Oprya Oxana Olexandrivna, applicant’s mother
Instituted on 2 May 2014 by the Solomyanskyy District Directorate of the Ministry of Interior of Ukraine in Kyiv.
On 30 October 2014 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
34647/14
Yurov and Gryshchuk v. Ukraine and Russia
08/05/2014
Pavel Viktorovych YUROV
10/03/1980
Kyiv
Denys Oleksandrovych Gryshchuk
16/08/1985
Kyiv
Yana Vasylivna ZAYIKINA
On 25 April 2014 the applicants were detained in the former Security Service of Ukraine’s building in Slovyansk by the separatist militants of the so-called Donetsk People’s Republic (DPR). Until their release on 6 July 2014 they were ill-treated and kept in inhuman and degrading conditions.
The case was introduced by Ms Yurova Alina Viktorivna, sister of Mr Pavel Yurov, and Mr Gryshchuk Oleksandr Borysovych, father of Mr Denys Gryshchuk
Instituted on 27 April 2014 by the Antratsyt Town Directorate of the Ministry of Interior of Ukraine in Lugansk Region. On 19 November 2014 the first applicant lodged a complaint with the Investigative Committee of the Russian Federation. They received a response with the recommendation to submit their complaint to the Ukrainian authorities.
51253/14
Kluger v. Ukraine and Russia
01/07/2014
Dmytro Lvovych KLUGER
15/09/1979
Donetsk
Yevgeniya Oleksandrivna ZAKREVSKA
On 22 May 2014 the applicant, a pro-Ukrainian activist, was detained in the former Security Service of Ukraine’s building in Donetsk by the separatist militants of the so-called Donetsk People’s Republic (DPR). Until his release on 27 May 2014 he was ill-treated and kept in inhuman and degrading conditions and obliged to perform forced labour.
Instituted on 13 July 2015 by the Krasnoarmiyskyy Town Directorate of the Ministry of Interior of Ukraine in Donetsk Region. On 18 May 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 their complaint to the Ukrainian authorities.
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