Communicated on 1 February 2014
FIFTH SECTION
Application no. 9078/14
Igor Pavlovych SIRENKO
against Ukraine
lodged on 28 January 2014
STATEMENT OF FACTS
The applicant claims to have been taking part in the on-going protests in central Kyiv since 29 November 2013. He states that he was beaten up by the special police units during the violent dispersal of protesters on 30 November 2013. According to the medical documents submitted together with the request, the applicant had multiple bruises on his limbs dated 30 November 2013. Subsequently, he was placed in police custody for several hours, for which no reason has been given. He complains in this respect of a violation of Articles 3, 5, 11 and 13 of the Convention.
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 his complaints, the notice of which is being given to the Government? Have such remedies been available to him 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 his allegation that he was beaten up by the police on 30 November 2013? In the light of that allegation, what measures are being taken by the Government to avoid the risk of such treatment in the future?
3. Have the domestic authorities conducted an effective investigation into the above complaint, as required by Article 3 of the Convention?
4. Was the applicant deprived of his liberty on 30 November 2013 within the meaning of Article 5 § 1 of the Convention? If so, did the deprivation of liberty fall within any of paragraphs (a), (b), (c), (d), or (e) of this provision and was in compliance with it?
5. 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 his complaints of having been beaten up by the police for taking part in a peaceful protest on 30 November 2013?
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