Published on 16 August 2021
FIFTH SECTION
Application no. 47282/15
Roman Ivanovych TSARENKO against Ukraine
and 3 other applications
(see list appended)
communicated on 27 July 2021
SUBJECT MATTER OF THE CASE
The applications concern allegations of police ill-treatment with a view to forcing the applicants to give self-incriminating statements and the lack of effective domestic investigation in respect of the aforementioned allegations.
In addition to that two applicants also raise further complaints. More specifically, Mr D. Leontyev (application no. 43612/16) complains about the conditions of detention in Zaporizhzhya pre-trial detention facility (SIZO), lack of effective remedies with respect to the relevant complaints, and the length of criminal proceedings against him.
Mr K. Kononov (application no. 48768/16) complains about the duration of his detention during investigation and trial of his criminal case and the length of the criminal proceedings against him.
QUESTIONS TO THE PARTIESQuestions in respect of all applications
1. Have the applicants been subjected to torture, inhuman or degrading treatment, in breach of Article 3 of the Convention?
2. Having regard to the procedural protection from torture, inhuman and degrading treatment, (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV and Kaverzin v. Ukraine, no. 23893/03, §§ 169-182, 15 May 2012), was the investigation of the applicants’ relevant complaints by the domestic authorities compatible with the requirements of Article 3 of the Convention?Additional questions in respect of application lodged by Mr D. Leontyev (no. 43612/16)
1. Did the conditions of the applicant’s detention in the Zaporizhzhya SIZO between 04 June 2019 and 8 September 2019 amount to inhuman or degrading treatment?
2. Was the length of the criminal proceedings against the applicant in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
3. Did the applicant have an effective remedy for his complaint under Article 3 concerning the conditions of his detention, as required by Article 13 of the Convention?Additional questions in respect of application lodged by Mr K. Kononov (no. 48768/16)
1. Was the length of the applicant’s detention pending investigation and trial in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?
2. Was the length of the criminal proceedings against the applicant in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
APPENDIX
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Alleged ill-treatment
Other relevant facts
47282/15
Tsarenko v. Ukraine
31/08/2015
Roman Ivanovych TSARENKO
1986
Osytnyashka
Ukrainian
01/11/2014
Officers of the Novomyrgorodskyy district police
Abrasions (chest, neck, back)
26815/16
Petrakovskyy v. Ukraine
30/04/2016
Dmytro Igorovych PETRAKOVSKYY
1994
Moscow
Ukrainian
21/02/2011
Officers of the Khortytskyy district police in Zaporizhzhya
Soft tissue oedema (occiput); abrasions (upper lip, right shoulder, left hand)
43612/16
Leontyev v. Ukraine
10/04/2016
Dmytro Ivanovych LEONTYEV
1986
Makoshyne
Ukrainian
19/02/2014
Officers of the Yakymivka town police
Abrasions (left ear, left hand, right leg and arm)
Conditions of detention:
04/06/2019-08/09/2019 Zaporizhzhya SIZO allegedly cramped, insanitary environment; toilet not separated from living quarters; worn-off linen and bedding; food of unacceptable quality
Duration of criminal proceedings:
19/02/2014 – pending (as of 20/02/2020)
Three levels of jurisdiction
48768/16
Kononov v. Ukraine
13/08/2016
Kostyantyn Sergiyovych KONONOV
1983
Dnipro
Ukrainian
27/02/2012
Officers of the Krasnogvardiyskyy district police in Dnipropetrovsk
Haematoma (forehead); bruise (left eye); abrasions (hands)
Duration of pre-trial detention:
27/02/2019-10/07/2014 (conviction);
07/07/2016 (conviction quashed on appeal) -10/01/2018 (conviction)
Duration of criminal proceedings:
27/02/2012 – 18/09/2019
Three levels of jurisdiction
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