Communicated on 9 February 2018
FIRST SECTION
Application no. 7961/15
Oleg Valeriyovych SINKEVYCH against Ukraine and Russia
and 14 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.
In all the applications, except for application no. 17947/15, the applicants also complain 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 detention.
As regards all the applications the applicants complain under Article 4 of the Convention that they were obliged to do forced labour.
As regards applications nos. 17947/15 and 32500/15, the applicants also complain under Article 5 § 3 of the Convention that they were detained without a court order.
As regards application no. 32500/15, the applicant also complains under Article 5 § 4 of the Convention that he was not entitled to take proceedings by which the lawfulness of his detention would be decided speedily by a court.
As regards application no. 32500/15, the applicant also complains under Article 5 § 5 of the Convention that he had no enforceable right to compensation.
As regards applications nos. 25342/15 and 29738/15 the applicants complain that they were forced to give interviews to the journalists with the texts prepared by their captors, in breach of Article 10 of the Convention.
In all the applications, except for application no. 17947/15, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights as required by Article 13 of the Convention. They therefore did not have effective remedies in that respect.
QUESTIONS TO THE PARTIES
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 all the applications, do the facts complained of amount to a violation of Article 4 of the Convention?
5. As regards applications nos. 17947/15 and 32500/15, do the facts complained of amount to a violation of Article 5 § 3 of the Convention?
6. As regards application no. 32500/15, do the facts complained of amount to a violation of Article 5 § 4 of the Convention?
7. As regards application no. 32500/15, do the facts complained of amount to a violation of Article 5 § 5 of the Convention?
8. As regards all the applications, except for application no. 17947/15, 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?
9. As regards applications nos. 25342/15 and 29738/15, do the facts complained of amount to a violation of Article 10 of the Convention?
10. As regards all the applications, except for application no. 17947/15, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention?
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
7961/15
Sinkevych v. Ukraine and Russia
12/02/2015
Oleg Valeriyovych SINKEVYCH
30/07/1973
Uzyn
Oleg Igorovych VEREMIYENKO
On 4 January 2015 the applicant 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 Donetsk. Until his release on 21 February 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Kateryna Stanislavivna Zolota, the applicant’s spouse.
In February and March 2015 the applicant lodged complaints with the police, the prosecutor’s office and the Security Service of Ukraine. There has been no response.
On 2 July 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
8533/15
Kushnir v. Ukraine and Russia
16/02/2015
Sergiy Semenovych KUSHNIR
07/06/1985
Kyiv
Oleg Igorovych VEREMIYENKO
On 19 January 2015 the applicant 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 Donetsk. Until his release on 21 February 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Olena Mykolayivna Kushnir, the applicant’s spouse.
Instituted on 9 February 2015 by the Investigation Department of the Ministry of Interior of Ukraine in Kyiv.
On 18 June 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
14021/15
Dmytruk v. Ukraine and Russia
20/03/2015
Sergiy Leonidovych DMYTRUK
24/10/1988
Lutsk
Alina Viktorivna PAVLYUK
On 20 November 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the premises at 66 Travneva St., Donetsk, and from 30 April 2015 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 20 February 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Yeva Ivanivna Dmytruk, the applicant’s spouse.
Instituted on 24 November 2014 by the Investigation Department of the Ministry of Interior of Ukraine in Volyn region.
On 21 September 2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
16902/15
Sarychev v. Ukraine and Russia
10/04/2015
Volodymyr Ivanovych SARYCHEV
23/06/1958
Novomoskovsk
Vitaliy Mykhaylovych KHEKALO
On 9 February 2015 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the premises at 55 Travneva St., Donetsk, and from the end of March 2015 in the building at 14 Goduvantseva St., Lugansk. Until his release on 29 April 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Tamara Petrivna Sarycheva, the applicant’s spouse and by Mr. Viktor Volodymyrovych Pochernyaev – the applicant’s superior officer.
In October 2015 the applicant lodged complaints with the police, the prosecutor’s office and the Security Service of Ukraine. There has been no response.
On 12 October 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
17947/15
Kryvogub v. Ukraine and Russia
15/04/2015
Oleksandr Sergiyovych KRYVOGUB
29/10/1983
Bila Tsekrva
Olena Mykolayivna ASHCHENKO
On 30 September 2014 the applicant was detained by the separatist militants of the so-called Lugansk People’s Republic (LPR) in an unspecified building in Perevalsk. Until his release on 9 April 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Mr Sergiy Petrovych Kryvogub, the applicant’s father.
No data available
25342/15
Kolodiy v. Ukraine and Russia
28/05/2015
Taras Myronovych KOLODIY
01/10/1990
Lviv
Alina Viktorivna PAVLYUK
On 21 January 2015 the applicant 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 Donetsk, in March-April 2016 in the building at 7 Artema St., Donetsk, from April 2016 to June 2016 in the building at 12 Molodizhna St., Donetsk and from 22 June 2016 in correctional colony no. 97 in Makiyivka. Until his release on 18 December 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Galyna Myroslavivna Kolodiy, the applicant’s mother.
Instituted on 22 May 2015 by the Sykhiv District Department of the Lviv City Directorate of the Ministry of Interior of Ukraine in Lviv region.
On 14 June 2017 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
25348/15
Komisarchuk v. Ukraine and Russia
26/05/2015
Artem Volodymyrovych KOMISARCHUK
12/02/1988
Teofipol
Vitaliy Mykhaylovych KHEKALO
On 24 August 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the former police building at 2 Militseyska St., Snizhne, from 28 August 2014 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 8 September 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Mr. Volodymyr Ivanovych Komisarchuk, the applicant’s father.
On 4 March 2016 the applicant’s lawyer lodged a complaint with the General Prosecutor’s Office, but he has not received any response.
On 27 May 2015 the applicant’s father lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit the complaint to the Ukrainian authorities.
25608/15
Furayev v. Ukraine and Russia
29/05/2015
Sergiy Volodymyrovych FURAYEV
29/04/1975
Novovolynsk
Vitaliy Mykhaylovych KHEKALO
On 24 August 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the former police building at 2 Militseyska St., Snizhne, from 29 August 2014 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 8 September 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Mr. Volodymyr Mykolayovych Furayev, the applicant’s father.
Instituted on 28 May 2015 by the Fastiv City Department of the Chief Directorate of the Ministry of Interior of Ukraine in Kyiv region.
On 28 May 2015 the applicant’s father 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.
26923/15
Zavizion v. Ukraine and Russia
04/06/2015
Grygoriy Andriyovych ZAVIZION
02/05/1967
Vilne
Vitaliy Mykhaylovych KHEKALO
On 20 January 2015 the applicant 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 Gorlivka, from 26 January 2015 in the building at 55 Travneva St., Donetsk, from the end of April 2015 in the former Security Service of Ukraine’s building in Donetsk and from 4 March 2016 in the building at 7 Artema St., Donetsk. Until his release on 15 March 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Svitlana Viktorivna Sokolova, the applicant’s partner, and by Mr. Stanislav Grygoriyovych Zavizion – the applicant’s son.
Instituted on 24 March 2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Dnipropetrovsk region.
On 28 August 2016 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.
29738/15
Grynyukh v. Ukraine and Russia
19/06/2015
Lyubomyr Ivanovych GRYNYUKH
24/05/1980
Tovmach
Yevgeniya Olegivna KAPALKINA
On 21 January 2015 the applicant 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 Donetsk. Until his release on 27 August 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Dariya Kostyantynivna Grynyukh, the applicant’s spouse.
Instituted on 27 January 2015 by the Lviv Regional Directorate of the Security Service of Ukraine.
On 10 June 2015 the applicant’s wife lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
32500/15
Mazanko v. Ukraine and Russia
03/07/2015
Leonid Borysovych MAZANKO
17/08/1967
Stakhaniv
Nataliya Gennadiyivna OKHOTNIKOVA
On 12 June 2015 the applicant was detained by the separatist militants of the so-called Lugansk People’s Republic (LPR) in the building at 79 Sovyetskaya St., Lugansk, from 19 June 2015 at the Temporary detention centre of the Lenin District Department of Lugansk and from 26 June 2015 at the Investigation Detention Centre of Lugansk at 4, 23rd Line St., Lugansk). Until his release on 26 February 2016 he was ill-treated and kept in inhuman and degrading conditions. Also he was infected with hepatitis C by his cellmate.
The case was introduced by Ms Valeriya Leonidivna Mazanko, the applicant’s daughter.
Instituted on 18 July 2015 by the Severodonetsk Police Department in Lugansk Region.
On 20 June 2015 the applicant’s daughter lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
44172/15
Petryshyn v. Ukraine and Russia
08/09/2015
Orest Bogdanovych PETRYSHYN
11/12/1973
Lviv
Yevgeniya Olegivna KAPALKINA
On 17 February 2015 the applicant 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 Donetsk. Until his release on 30 October 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Mr Dmytro Borysovych Petryshyn, the applicant’s nephew.
Instituted on 18 February 2015 by the Lviv Regional Directorate of the Security Service of Ukraine.
On 24 April 2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
50608/15
Yeroshevych v. Ukraine and Russia
14/10/2015
Petro Mykolayovych YEROSHEVYCH
12/03/1987
Zdolbuniv
Vitaliy Mykhaylovych KHEKALO
On 9 February 2015 the applicant 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 Donetsk. Until his release on 15 March 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Valentyna Volodymyrivna Yeroshevych, the applicant’s mother.
Instituted on 25 March 2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Rivne region.
On 6 September 2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.
52480/15
Mykhaylyuk v. Ukraine and Russia
23/10/2015
Oleksandr Volodymyrovych MYKHAYLYUK
10/06/1982
Nyzhnye
Oleg Igorovych VEREMIYENKO
On 21 January 2015 the applicant 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 Donetsk. Until his release on 29 October 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Oksana Volodymyrivna Basenko, the applicant’s mother.
Instituted on 4 February 2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Khmelnytskyy region.
On 19 October 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 his complaint to the Ukrainian authorities.
53587/15
Garnaga v. Ukraine and Russia
29/10/2015
Sergiy Petrovych GARNAGA
04/06/1970
Bila Tsekva
Alina Viktorivna PAVLYUK
On 31 May 2015 the applicant 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 Donetsk. Until his release on 20 February 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Lyudmyla Viktorivna Garnaga, the applicant’s spouse.
Instituted on unspecified date by the Chief Directorate of the the Ministry of Interior of Ukraine in Kyiv region.
On 19 October 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
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