Communicated on 10 March 2014
FIFTH SECTION
Application no. 9873/14
Iryna Vasylivna RABCHENYUK
against Ukraine
lodged on 30 January 2014
STATEMENT OF FACTS
The applicant, Ms Iryna Vasylivna Rabchenyuk, is a Ukrainian national, who was born in 1959 and lives in Kyiv.
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant claims to have taken part in the protests in central Kyiv. She states that she was beaten up by the special police units during the violent dispersal of the protesters on 1 December 2013. According to the applicant’s medical documents, she was seriously injured (brain concussion, right eye injury, fractures of face bones and of the nose) on that day. Subsequently, the applicant was taken to a hospital, at which she underwent medical treatment in December 2013 and January 2014.
COMPLAINTS
The applicant complains about a violation of Articles 3, 5 and 11 of the Convention on account of her ill-treatment by the police. She also states that her husband and children were beaten up by the police in the course of the same events. The applicant claims that there are no effective domestic remedies available to her in that regard.
The applicant also complains that the measures the authorities have been employing to hinder her and other protesters’ right to peaceful demonstration are contrary to Articles 3, 5, 8, 11 and 13 of the Convention and Article 1 of Protocol No. 1.
QUESTIONS TO THE PARTIES
1. Has the applicant complied with the requirement of exhaustion of domestic remedies laid down in Article 35 § 1 of the Convention in respect of all her complaints, the notice of which is being given to the Government? Have such remedies been available to her in theory and in practice, as required by Article 13 of the Convention?
2. Was the applicant subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention, having regard to her allegation that she was beaten up by the police on 1 December 2013?
3. Have the domestic authorities conducted an effective investigation into the above complaint, as required by Article 3 of the Convention?
4. Was there a violation of the applicant’s right to freedom of peaceful assembly, contrary to Article 11 of the Convention, regard being had to her complaints of having been beaten up by the police for taking part in a peaceful protest on 1 December 2013?
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