Communicated on 10 January 2018
FIRST SECTION
Application no. 71095/14
Andriy Dmytrovych YURCHUK against Ukraine and Russia
and 9 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 poor conditions of their detention and of having been humiliated and ill‑treated.
Referring to the above-mentioned provision of the Convention, in applications nos. 111/15, 4933/15, 5177/15, 5924/15, 5928/15 and 5931/15, 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 being deprived of their liberty.
As regards applications nos. 72498/14, 77489/14, 3448/15, 4933/15, 5177/15, 5924/15 and 5931/15, the applicants complain under Article 4 of the Convention that they were obliged to perform forced labour.
Referring to Article 13 of the Convention, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights. They therefore did not have effective remedies in that respect.
As regards applications nos. 71095/14 and 5928/15 the applicants complain under Article 8 that their detention violated their right to private and family life as they were isolated from their relatives and the outside world.
As regards application no. 77489/14 the applicant complains under Article 1 of Protocol no. 1 to the Convention that her property and money were confiscated by her captors.
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 applications nos. 72498/14, 77489/14, 3448/15, 4933/15, 5177/15, 5924/15 and 5931/15, do the facts complained of amount to a violation of Article 4 of the Convention?
5. As regards applications nos. 111/15, 4933/15, 5177/15, 5924/15, 5928/15 and 5931/15, 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?
6. As regards all the applications, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention?
7. As regards applications nos. 71095/14 and 5928/15, did the applicants’ detention violate their right to private and family life?
8. As regards application no. 77489/14, were the applicant’s property and money confiscated by her captors in breach of Article 1 of Protocol No. 1 to 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
71095/14
Yurchuk v. Ukraine and Russia
07/11/2014
Andriy Dmytrovych YURCHUK
14/11/1975
Rivne
Oleg Igorovych VEREMIYENKO
On 20 August 2014 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 26 December 2014 he was ill-treated and kept in inhuman and degrading conditions.
The case was introduced by Ms Olga Leonidivna Yurchuk, the applicant’s spouse.
Instituted on 28 August 2014 by the Investigation Directorate of the Ministry of Interior of Ukraine in Rivne Region.
On 23 February 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
72498/14
Sholom v. Ukraine and Russia
18/11/2014
Denys Oleksandrovych SHOLOM
12/11/1986
Brovary
Yevgeniya Oleksandrivna ZAKREVSKA
On 5 November 2014 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 December 2014 he was ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Ms Oleksandra Romanivna Kachenyuk, the applicant’s spouse.
Instituted on 24 November 2014 by the Chief Investigation Directorate of the Security Service of Ukraine.
77489/14
Gorbachova v. Ukraine and Russia
16/12/2014
Klavdiya Ivanivna GORBACHOVA
27/04/1957
Almazna
Oleg Igorovych VEREMIYENKO
On 22 October 2014 the applicant was detained by the separatist militants of the so-called Lugansk People’s Republic (DPR), at first on the premises of boarding school No. 3 and then in pre-trial detention centre in Stakhaniv. Until her release on 22 February 2015 she was ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.
The case was introduced by Mr Vasyl Ovsiyovych Gorbachov, the applicant’s husband.
Instituted on 26 October 2014 by the Syevyerodonetsk Town Department of the Ministry of Interior of Ukraine in Lugansk Region.
On 23 September 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
111/15
Kurmanchuk v. Ukraine and Russia
06/01/2015
Vasyl Fedorovych KURMANCHUK
05/06/1965
Bila Tserkva
Nadezhda VOLKOVA
On 18 December 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR), at first in unknown premises in Yennakiyevo, and then in the police office of Gorlivka. Until his release on 8 January 2015 he was tortured, ill-treated and kept in inhuman and degrading conditions.
The case was introduced by Ms Tetyana Yuriyivna Kurmanchuk, the applicant’s spouse.
Instituted on 28 December 2014 by the Bila Tserkva Town Department of the Ministry of Interior of Ukraine in Kyiv Region.
On 6 July 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
3448/15
Lysenko v. Ukraine and Russia
17/01/2015
Sergiy Mykolayovych LYSENKO
22/12/1980
Kyiv
Oleg Igorovych VEREMIYENKO
On 4 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR), at first in unknown administrative building and then 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 Yuliya Sergeyevna Klubayets, the applicant’s civil partner.
Instituted on 27 January 2015 by the Investigation Directorate of the Ministry of Interior of Ukraine in Kyiv.
On 3 July 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
4933/15
Mayuk v. Ukraine and Russia
26/01/2015
Volodymyr Borysovych MAYUK
13/04/1984
Tsebriv
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 unknown premises in Donetsk. Until his release on 6 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 Iryna Borysivna Mayuk, the applicant’s sister.
Instituted on 21 January 2015 by the Chief Investigation Directorate of the Security Service of Ukraine.
On 17 July 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response dated 26 August 2015 that the investigation of the alleged crime was conducted and a request for the applicant to come personally to give evidence.
5177/15
Voynovskyy v. Ukraine and Russia
27/01/2015
Mykola Viktorovych VOYNOVSKYY
16/01/1985
Boyarka
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 Viktoriya Viktorivna Voynovska, the applicant’s sister.
Instituted on 26 January 2015 by the Kyyevo-Svyatoshynskym District Department of the Ministry of Interior of Ukraine in Kyiv Region.
23 September 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
5924/15
Ostapkovych v. Ukraine and Russia
30/01/2015
Oleksandr Mykolayovych OSTAPKOVYCH
11/01/1960
Brovary
Oleg Igorovych VEREMIYENKO
On 30 September 2014 the applicant was detained by the separatist militants of the so-called Lugansk People’s Republic (LPR) at first in the premises of night club “Tornado” and then in the premises of the Employment Centre in Perevalsk. Until his escape on 24 February 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 Oleksandrovych Ostapkovych, the applicant’s son.
Instituted on 29 January 2015 by the Brovary Town Department of the Ministry of Interior of Ukraine in Kyiv Region.
On 21 July 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.
5928/15
Kuzminykh v. Ukraine and Russia
30/01/2015
Oleg Volodymyrovych KUZMINYKH
06/02/1977
Zhytomyr
Alina Viktorivna PAVLYUK
On 20 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in unknown premises in Donetsk. Until his release on 22 May 2015 he was tortured, ill-treated and kept in inhuman and degrading conditions.
The case was introduced by Ms Tetyana Antoliyivna Kuzminykh, the applicant’s spouse.
Instituted on 28 January 2015 by the Zhytomyr Town Department of the Ministry of Interior of Ukraine in Zhytomyr Region.
On 17 April 2015 the applicant’s wife lodged a complaint with the Investigative Committee of the Russian Federation. They received a response with a recommendation to submit their complaint to the Ukrainian authorities.
5931/15
Sayenko v. Ukraine and Russia
30/01/2015
Igor Volodymyrovych SAYENKO
24/05/1968
Trostyanets
Oleg Igorovych VEREMIYENKO
On 20 January 2015 the second 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 6 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 Nataliya Vasylivna Sayenko, the applicant’s spouse.
Instituted on 23 January 2015 by the Trostyanets District Department of the Ministry of Interior of Ukraine in Sumy Region.
On 17 July 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response dated 26 August 2015 that the investigation of the alleged crime was going on and a request to the applicant to come personally to give evidence.
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