Published on 21 July 2025
FOURTH SECTION
Application no. 38334/22
Ruslan Olegovych OTROSHCHENKO against Russia and Ukraine
and 12 other applications
(see list appended)
communicated on 30 June 2025
SUBJECT MATTER OF THE CASE
The applications concern the alleged ill-treatment and unlawful detention of a number of Ukrainian prisoners of war who were captured by Russian forces during the Russian Federation’s military operations on the territory of Ukraine.
The applicants, who are servicemen of the National Guard of Ukraine, were captured by Russian forces at the Chornobyl Nuclear Power Plant (“Chornobyl NPP”) near Prypiat, in the Kyiv region, Ukraine, on 24 February 2022. Between 25 February and 31 March 2022 the applicants were detained in the premises of the Chornobyl NPP.
On 31 March 2022 the applicants were transferred by a truck to unidentified warehouses near Kamaryn, in the Gomel region of Belarus, where they were detained. On 2 and 3 April 2022 the applicants were transferred to and detained in the Novozybkov pre-trial detention facility no. 2 (“Novozybkov SIZO no. 2”), in the Briansk region of the Russian Federation. The applicants in applications nos. 38224/22 and 38644/22 were held in the Novozybkov SIZO no. 2 until their release in a prisoner exchange on 29 October 2022; the applicants in applications nos. 41321/22, 42820/22 and 7229/23 – until their release on 24 November 2022; the applicants in applications nos. 42833/22 and 20519/23 – until their release on 8 January 2023.
The applicants in application nos. 41153/22 and 42828/22 were detained in Novozybkov SIZO no. 2 from 2 April 2022 to 13 May 2023. They were then transferred to a detention facility in Donskoy, in the Tula region in the Russian Federation, where they remained until their release in a prisoner exchange on 11 June 2023. The applicants in applications nos. 42817/22, 42825/22, 42832/22 and 42870/22 were detained in Novozybkov SIZO no. 2 from 3 April 2022 to 11 May 2023. On 11 May 2023, they were transferred to detention facility no. 6 in the Tula region of the Russian Federation. On 12 May 2023, they were transferred to detention facility no. 7 in Pakino, in the Vladimir region of the Russian Federation, where they were detained until their release on 31 May 2024.
Relying on Articles 2 and 13 of the Convention, the applicants in application no. 20519/23 allege that their lives were put at risk because they were detained in the premises of the Chornobyl NPP where the level of radiation was significantly high as a result attacks by Russian soldiers. On 10 March 2023, following their release, the applicants lodged a complaint with the Investigative Committee of the Russian Federation. The applicants complain, however, that no effective investigation was carried out by Russian authorities in respect of their allegations.
Relying on Articles 3, 5 and 13 of the Convention, the applicants in all applications complain that they were unlawfully detained in inhuman and degrading conditions and subjected to torture by Russian authorities. The applicants lodged complaints with the Ukrainian police and with the Investigative Committee of the Russian Federation. They complain that no effective investigation was carried out by Russian or Ukrainian authorities in respect of their allegations.
Finally, the applicants in applications nos. 7229/23 and 20519/23 complain that they were subjected by the Russian authorities to an absolute ban on contact with their family members and the outside world, in breach of their rights under Article 8 of the Convention.
QUESTIONS TO THE APPLICANTS AND THE RUSSIAN GOVERNMENT
1. Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention (see Pivkina and Others v. Russia, no. 2134/23, § 61, 29 June 2016)?
2. Have the applicants’ right to life in application no. 20519/23, ensured by Article 2 of the Convention, been violated? Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), has an investigation been carried out in respect of the applicants’ allegations of a violation of Article 2 of the Convention, as required by that provision?
3. Were the applicants subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention? 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?
4. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention (see Hassan v. the United Kingdom [GC], no. 29750/09, §§ 100-107, 16 September 2014; see also Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, § 984, 25 June 2024)?
5. In applications nos. 7229/23 and 20519/23, has there been a breach of the applicants’ rights under Article 8 of the Convention on account of the allegedly absolute ban on their contact with their families?
6. Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 2, 3, 5 and 8, as required by Article 13 of the Convention?
QUESTIONS TO THE APPLICANTS AND THE UKRAINIAN GOVERNMENT
1. Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?
2. 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?
3. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3 as required by Article 13 of the Convention?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
38334/22
Otroshchenko v. Russia and Ukraine
08/08/2022
Ruslan
Olegovych OTROSHCHENKO
1991
Slavutych
Ukrainian
Vitaliy Mykhaylovych KHEKALO
2.
38644/22
Zinovchuk v. Russia and Ukraine
09/08/2022
Valentyn
Anatoliyovych ZINOVCHUK
1999
Slavutych
Ukrainian
Vitaliy Mykhaylovych KHEKALO
3.
41153/22
Yakubets v. Russia and Ukraine
28/08/2022
Yaroslav
Volodymyrovych YAKUBETS
1995
Slavutych
Ukrainian
Vitaliy Mykhaylovych KHEKALO
4.
41321/22
Druz v. Russia and Ukraine
29/08/2022
Artem
Valeriyovych
DRUZ
1999
Slavutych
Ukrainian
Vitaliy Mykhaylovych KHEKALO
5.
42817/22
Goncharenko v. Russia and Ukraine
07/09/2022
Roman
Mykhaylovych GONCHARENKO
1994
Chernihiv
Ukrainian
Alina Viktorivna PAVLYUK
6.
42820/22
Datsko v. Russia and Ukraine
07/09/2022
Vladyslav
Vitaliyovych
DATSKO
2001
Slavutych
Ukrainian
Vitaliy Mykhaylovych KHEKALO
7.
42825/22
Melnyk v. Russia and Ukraine
07/09/2022
Yuriy
Oleksiyovych
MELNYK
1993
Slavutych
Ukrainian
Alina Viktorivna PAVLYUK
8.
42828/22
Zubok v. Russia and Ukraine
07/09/2022
Vladyslav
Sergiyovych
ZUBOK
1997
Slavutych
Ukrainian
Vitaliy Mykhaylovych KHEKALO
9.
42832/22
Sapsay v. Russia and Ukraine
07/09/2022
Vladyslav
Oleksandrovych
SAPSAY
1990
Chernihiv
Ukrainian
Alina Viktorivna PAVLYUK
10.
42833/22
Kamka v. Russia and Ukraine
07/09/2022
Roman
Vasylyovych
KAMKA
1992
Kozylivka
Ukrainian
Vitaliy Mykhaylovych KHEKALO
11.
42870/22
Vorona v. Russia and Ukraine
07/09/2022
Ruslan
Oleksandrovych
VORONA
1989
Chernihiv
Ukrainian
Alina Viktorivna PAVLYUK
12.
7229/23
Susha v. Russia and Ukraine
10/01/2023
Bogdan
Sergiyovych
SUSHA
2000
Korostyshiv Zhytomyr region
Ukrainian
Anna Grygorivna KOZMENKO
13.
20519/23
Brytan and Grytsyk v. Russia and Ukraine
05/05/2023
Oleksandr
Oleksandrovych
BRYTAN
1978
Slavutych
Ukrainian
Mykola
Mykolayovych
GRYTSYK
1985
Chernihiv
Ukrainian
Natalya Volodymyrivna VOYNOVA