Communicated on 10 February 2020
Published on 2 March 2020
FIFTH SECTION
Application no. 66179/14
Andrey Alekseyevich PANCHENKO against Ukraine
and 3 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The cases mainly concern the applicants’ placement in prisons located far from their families and the repeated rejections of their requests for transfer to a closer prison. In addition to Articles 8 and 13 of the Convention, the applicants (except Mr Sili) also refer to Article 6 § 1 as regards the manner in which their above-mentioned requests were treated.
QUESTIONS TO THE PARTIES As regards all the applications
1. Has there been a violation of the applicants’ right to respect for their family life under Article 8 of the Convention on account of their placement in prisons remote from their homes (see Vintman v. Ukraine, no. 28403/05, §§ 76-104, 23 October 2014)?
2. Did the applicants have at their disposal an effective domestic remedy within the meaning of Article 13 of the Convention in respect of the above complaint? If so, the Government are invited to provide relevant case-law or practice (if any) on the matter.
ADDITIONAL QUESTION TO THE PARTIES As regards ALL THE applicationS EXCEPT no. 58700/16
Did the applicants have access to court to challenge the refusals of their requests for transfer to a closer prison, as required under Article 6 § 1 of the Convention?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place(s) of Detention
Represented by
Distance of Prison from Home
Period of Detention in Remote Prison
Relatives, with whom the Contact is Impeded
1
66179/14
Panchenko v. Ukraine
19/09/2014
Andrey Alekseyevich PANCHENKO
1975
Novgorod‑Siverskyy Prison no. 31
About 800 km
Starting from July 2012
Mother
2
58700/16
Sili
v. Ukraine
11/11/2016
Nikolay Yevdokimovich SILI
1958
Romny Prison no. 56
About 500 km
Starting from March 2009
Daughter,
son-in-law,
two grandchildren
3
58829/16
Baylo
v. Ukraine
03/09/2015
Oleg Grigoryevich BAYLO
1975
Novgorod‑Siverskyy Prison no. 31
Olena Yevgeniyivna SAPOZHNIKOVA
About 900 km
Starting from April 2012
Mother and sisters
4
38002/17
Kus
v. Ukraine
18/05/2017
Pavlo Mykolayovych KUS
1978
Yenakiyeve prison
no. 52;
Bahmut prison no. 6
Ganna Volodymyrivna OVDIYENKO
About 1,100 km
From September 2004 to December 2015 – in Yenakiyeve prison no. 52;
from December 2015 until now – in Bahmut prison no. 6 (both prisons are located at about the same distance from the applicant’s home)
Parents and brother
Full & Egal Universal Law Academy