CEDH · CASELAW;COMMUNICATEDCASES;ENG — 6 octobre 2015

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border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:middle } .s8BCCB77D { width:17.26%; border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:middle } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .s3985515B { margin-top:0pt; margin-left:36pt; margin-bottom:0pt } .s21B97EC1 { width:25.99pt; display:inline-block } .s8D17540A { width:21.95pt; display:inline-block } .s91B395D6 { margin-top:0pt; margin-left:144pt; margin-bottom:0pt } .sB11B45BD { width:19.32pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }   Communicated on 6 October 2015   FIFTH SECTION Application no 15367/14 Pavlo Sergiyovych SHMORGUNOV against Ukraine and 32 other applications (see list appended) STATEMENT OF FACTS 1.     Application no. 15367/14 (Shmorgunov v. Ukraine) and 8 other applications (for details, see the annexed table below) THE FACTS The applications were lodged by eleven applicants whose personal information and other case details are set out in the annexed table below. Ten of them are Ukrainian nationals. Mr B. Yegiazaryan is an Armenian national. The applicants reside in Ukraine. They are represented before the Court by Mr M. Tarakhkalo (applications nos. 15367/14, 16280/14, 18118/14, 20546/14, 24405/14 and 33767/14), Mr P. Dykan (application no.   42271/14) and Ms Y. Zakrevska (applications nos. 54315/14 and 19954/15), lawyers practising in Kyiv. The facts of the cases, as submitted by the applicants, may be summarised as follows. The applicants took part in the protests in central Kyiv, which started in late November 2013 and have been commonly referred to as Euromaidan and/or Maidan . Ten of the applicants, excluding Mr S. Dymenko (application no. 33767/14), were beaten up by the special police units during the violent dispersal of the protesters in the early morning of 30   November 2013, as a result of which they suffered various injuries. After the event, the applicants, except for Mr R. Ratushnyi (in so far as application no. 19954/15 is concerned [1] ) and Ms O. Kovalska (application no.   19954/15), were medically examined. Their injuries included brain concussion, wounds on the head and face, haematomas on the body and the limbs, and a fractured elbow. The applicants complained of their ill-treatment to the authorities. Different investigations were launched into the event; the domestic proceedings have not been completed so far. After the event on 30 November 2013, the protests intensified. In the course of one of further attempts of the police to disperse the protesters in the early hours of 11 December 2013, Mr S. Dymenko (application no.   33767/14) and Mr R. Ratushnyi (in so far as application no. 54315/14 is concerned) were beaten up by them. According to the medical documents, they had a number of haematomas on the head and the face. Upon those applicants’ complaints to the prosecutors, criminal investigations were launched into the event. The applicants have not been informed of the outcome. COMPLAINTS The applicants complain under Article 3 of the Convention that they were subjected to torture or inhuman or degrading treatment by the police and that the authorities failed to carry out an effective investigation into the relevant events. They further complain that the dispersal of the protesters by the police was in violation of Article 11 of the Convention and that they were ill-treated for taking part in peaceful protests. Some of the applicants (application no. 19954/15) also complain about a violation of Article 10 of the Convention in that regard. Relying on Article 13 of the Convention, the applicants claim that no remedy is available for their complaints under Articles 3 and 11 and, in so far as application no. 19954/15 is concerned, under Article 10 at the domestic level. QUESTIONS TO THE PARTIES 1.     Were the applicants subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention, having regard to their allegations that they were ill-treated by the police?   2.     Have the domestic authorities conducted an effective investigation into the above complaints, as required by Article 3 of the Convention?   3.     Has there been an interference with the applicants’ right to freedom of peaceful assembly, contrary to Article 11 of the Convention?   4.     Have the applicants had at their disposal an effective domestic remedy in respect of their complaints under Articles 3 and 11, as required by Article   13 of the Convention? ANNEX No. Application number Date of introduction Applicant’s name Date of birth   15367/14 11/02/2014 Pavlo Sergiyovych SHMORGUNOV 25/01/1996   16280/14 14/02/2014 Borys Zavenovych YEGIAZARYAN 07/08/1956   18118/14 05/02/2014 Yaroslav Sergiyovych LEPYAVKO 25/09/1990   20546/14 26/02/2014 Oleg Ivanovych GRABETS 05/03/1978   24405/14 20/03/2014 Oleg Igorovych BALA 13/05/1982   33767/14 18/04/2014 Sergiy Sergiyovych DYMENKO 20/07/1981   42271/14 30/05/2014 Fedir Ivanovych LAPIY 01/04/1973   54315/14 10/07/2014 Roman Tarasovych RATUSHNYY 05/07/1997   19954/15 16/04/2015 Andriy Volodymyrovych RUDCHYK Oleksandra Yevgenivna KOVALSKA Roman Tarasovych RATUSHNYY Andriy Olegovych SOKOLENKO 11/01/1986   27/03/1964   05/07/1997   31/08/1982 2.     Application no. 31174/14 (Cherevko v. Ukraine) and 2 other applications (for details, see the annexed table below) THE FACTS The applications were lodged by three Ukrainian nationals whose personal information and other case details are set out in the annexed table below. The applicants reside in Ukraine. They are represented before the Court by Mr D. Stepanov (application no. 31174/14) and Mr O. Baydyk (applications nos. 36299/14 and 36845/14), lawyers practising in Kyiv. The facts of the cases, as submitted by the applicants, may be summarised as follows. On different dates between early December 2013 and mid-February 2014 the applicants were arrested by the police in central Kyiv. Two of the applicants claim that they took part in the protests commonly referred to as Euromaidan and/or Maidan (applications nos. 36299/14 and 36845/14), whereas the third applicant states that he was observing and filming the protests (application no. 31174/14). In the course of their arrest, the applicants were allegedly beaten up by the police. According to the medical documents, their injuries principally included multiple haematomas on the face, the body and the limbs. Two of the applicants also suffered brain concussion (applications nos. 31174/14 and 36299/14) and one of them had fractured fingers (application no. 31174/14). It is unknown whether the applicants complained of their ill-treatment to the authorities. Criminal proceedings were brought against them on suspicion of mass disorder (a criminal offence punishable by five to ten years’ imprisonment). District Courts warranted their continued detention. The courts based their decisions mainly on the grounds that the applicants were suspected of a serious crime and that the suspicion had evidential basis. They further held that the applicants might evade investigation and trial, obstruct the establishment of the truth in the case or continue committing crimes, without giving specific details in that regard. One of the applicants, Mr G. Cherevko, successfully appealed against the decision concerned to the Kyiv Court of Appeal and was released upon an undertaking to appear before the investigator at first request; he was also required to seek the authorities’ permission to leave his place of residence (application   no. 31174/14). Later on, the detention measure as regards two other applicants was reconsidered by the District Courts, one of them, Mr   O.   Zadoyanchuk, having been released on a similar undertaking (application no. 36845/14), whereas the other one, Mr D. Poltavets, was placed under house arrest (application no. 36299/14). Eventually, criminal proceedings against two of the applicants were discontinued pursuant to the Amnesty Law of 19 December 2013, as amended on 16 January 2014, [2] (application no. 31174/14) and for the reason of absence of elements of crime in the applicant’s actions (application no. 36299/14), respectively. Specific details in that regard are set out in the annexed table below. COMPLAINTS The applicants complain, relying expressly or in substance on Articles   3 and 5 § 1 of the Convention, of their ill-treatment by the police and unlawful detention. They further complain that the court proceedings concerning their detention were flawed. Two of the applicants rely on Article 6 § 1 of the Convention in that regard (applications nos. 36299/14 and 36845/14). Those two applicants also complain of a violation of Article   7 of the Convention stating that they were deprived of the right to freely express their political views through taking part in Euromaidan , whereas one of them (application no.   31174/14) complains, relying on Articles 7 and 11 of the Convention, that he was arrested “in the course of his participation in a peaceful assembly”, while adding that he was “observing the protests”. QUESTIONS TO THE PARTIES 1.     Were the applicants subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?   2.     Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?   3.     Did the judicial review of the applicants’ detention meet the requirements of Article   5   § 3 of the Convention, in particular in so far as the scope and the nature of such review are concerned?   4.     Has there been an interference with the applicants’ right to freedom of peaceful assembly, in so far as the applications nos. 36299/14 and 36845/14 are concerned? If so, has it been contrary to Article 11 of the Convention? ANNEX No. Application number Date of introduction Applicant’s name Date of birth Date of arrest District Court and date of decision warranting detention Date of release   31174/14 01/04/2014 Gennadiy Anatoliyovych CHEREVKO 10/03/1972 01/12/2013 Shevchenkivskyy 03/12/2013 11/12/2013   36299/14 28/04/2014 Dmytro Mykhaylovych POLTAVETS 19/03/1972 23/01/2014 Golosiyivskyy 24/01/2014   14/02/2014   36845/14 28/04/2014 Oleg Leonidovych ZADOYANCHUK 13/10/1966 18/02/2014 Dniprovskyy 09/02/2014 22/02/2014 3.     Application no. 42180/14 (Zagorovka v. Ukraine) lodged on 30   May 2014 and application no. 42753/14 (Kadura v. Ukraine) lodged on 3   June 2014 THE FACTS The applications were lodged by Mr Vladyslav Mykolayovytch Zagorovka, born in 1975, and Mr Volodymyr Oleksandrovych Kadura, born in 1982, who are Ukrainian nationals and reside in Ukraine. They are represented before the Court by Mr M. Tarakhkalo, a lawyer practising in Kyiv. The applicants took part in the protests in central Kyiv, which started in late November 2013 and have been commonly referred to as Euromaidan and/or Maidan . In this connection they were arrested by the police on 1 and 5 December 2013, respectively. The relevant facts, as submitted by the applicants, may be summarised as follows. A.     Facts pertinent to Mr V. Zagorovka’s case In the course of his arrest on 1 December 2013 Mr V. Zagorovka was allegedly beaten up by the police. According to the medical documents, his injuries principally included brain concussion, multiple haematomas on the face, the body and the limbs, and erosion of the right eye cornea. The applicant complained of his ill-treatment to the authorities, but to no avail. While in detention, he was not given adequate and timely medical assistance in respect of his injuries. In particular, during the initial twelve hours of his detention the applicant was not given any medical assistance. Eventually, he was examined by different doctors, though he was not allowed to remain in a specialised medical institution to undergo treatment as regards his eye injury, which he claims he urgently needed. On 4 December 2013 the Shevchenkivskyy District Court in Kyiv warranted the applicant’s continued detention pending the criminal proceedings against him on suspicion of mass disorder (a criminal offence punishable by five to ten years’ imprisonment). The court based its decision mainly on the grounds that the applicant was suspected of a serious crime and that the suspicion had evidential basis. It further held that he might evade investigation and trial, obstruct the establishment of the truth in the case or continue committing crimes, without giving specific details in that regard. The applicant lodged an appeal against that decision, but it was not examined. On 11 December 2013 the Pecherskyy District Court in Kyiv approved a plea bargain agreement between the prosecution and the applicant, found him guilty of serious disturbance of public order (Article 293 of the Criminal Code), sentenced him to a fine and released him from detention. On 31 January 2014 the same court released the applicant from the punishment pursuant to the Amnesty Law of 19 December 2013, as amended on 16 January 2014. [3] On 28 February and 3 March 2014 the prosecutors lodged with the court two requests for re-examination of the case in the light of newly discovered circumstances, arguing that the applicant’s actions contained no elements of a crime. On 21 March 2014 the court annulled the decisions of 11 December 2013 and 31 January 2014 and remitted the case to the prosecutors. The applicant has not provided information about any further developments in this regard. B.     Facts pertinent to Mr V. Kadura’s case In the course of his arrest on 5 December 2013 Mr V. Kadura was allegedly beaten up by the police. According to the medical documents, his injuries principally included contusion of the chest and the waist and haematomas on the face. The same day the police searched his car and seized a number of his personal belongings. The car itself was also seized. The next day the police searched his house, in the course of which they also seized a number of objects and money belonging to the applicant and his family. As the courts refused to validate the further retention of the seized property, it had to be returned to the applicant. He made a number of requests to the authorities seeking the return of his property, but to no avail. His complaints in this regard to the courts were subject to several reconsiderations and did not result in the return of the property. On 6 December 2013 the Shevchenkivskyy District Court warranted the applicant’s continued detention pending the criminal proceedings against him on suspicion of mass disorder. The court based its decision mainly on the same grounds as in the case of Mr V. Zagorovka (see above). On 17   December 2013 the Kyiv Court of Appeal upheld that decision. Subsequently, the applicant lodged several requests for his release from criminal prosecution according to the Amnesty Law of 19 December 2013 [4] , which were rejected for various reasons. On 24 January 2014 the Shevchenkivskyy District Court, relying on the Amnesty Law of 19   December 2013, as amended on 16 January 2014 [5] , discontinued the criminal proceedings against the applicant and released him from detention. The court also ordered the return of all objects seized in the course of the searches on 5 and 6 December 2013 to those whom they belonged. According to the applicant, some of the objects have not been returned to him despite his specific requests. In April 2014 the applicant complained of his ill-treatment and unlawful detention to the authorities. In reply, he was informed that his complaints would not be investigated as the criminal case against him was closed. COMPLAINTS The applicants complain under Articles 3 of the Convention of their ill-treatment by the police and ineffective investigation in that regard. Mr   V.   Zagorovka also complains of the inadequate medical assistance in detention. The applicants further complain under Article 5 §§ 1, 2, 3, 4 and 5 of the Convention that their detention was unlawful and unfounded and that they could not receive compensation for their unlawful detention. Mr   V.   Zagorovka also complains that he was not brought promptly before the court after his arrest and that his appeal against the court’s decision warranting his continued detention was not examined. Relying on Article 13 of the Convention, Mr V. Zagorovka claims that no remedy is available for his complaints under Articles 3 and 5 at the domestic level. Mr V. Kadura complains of unjustified and unlawful delay in the return of the property seized by the police in the course of the searches on 5 and 6   December 2013. He relies on Article 1 of Protocol No. 1 in that regard. QUESTIONS TO THE PARTIES 1.     Have the applicants complied with the requirement of exhaustion of domestic remedies laid down in Article 35 § 1 of the Convention in respect of all their complaints, the notice of which is being given to the Government? Have such remedies been available to them in theory and in practice, as required by Article 13 of the Convention?   2.     Were the applicants subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention, having regard to their allegations that they were beaten up by the police?   3.     Have the domestic authorities conducted an effective investigation into the above complaints, as required by Article 3 of the Convention?   4.     Did Mr V. Zagorovka receive adequate medical treatment in respect of his health problems while in detention, as required by Article   3 of the Convention?   5.     Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?   6.     Did the judicial review of the applicants’ detention meet the requirements of Article 5 § 3 of the Convention, in particular in so far as the scope and the nature of such review are concerned?   7.     Did Mr V. Zagorovka have at his disposal an effective procedure by which he could challenge the lawfulness of his detention, as required by Article 5 § 4 of the Convention?   8.     Do the applicants have an effective and enforceable right to compensation for their detention, allegedly in contravention of Article   5   §§   1 and 3, and also Article 5 § 4 in so far as the case concerns Mr   V.   Zagorovka, as required by Article 5 § 5 of the Convention?   9.     Has there been a violation of Article 1 of Protocol No. 1 on account of the allegedly unlawful and unjustified delay in the return of Mr V. Kadura’s property? 4.     Application no. 21424/14 (Khmelyovskyy and Others v. Ukraine) and 9 other applications (for details, see the annexed table below) THE FACTS The applications were lodged by fourteen Ukrainian nationals whose personal information and other case details are set out in the annexed table below. The applicants reside in Ukraine. They are represented before the Court by Mr V. Pogosyan, a lawyer practising in Dnipropetrovsk. The facts of the cases, as submitted by the applicants, may be summarised as follows. On 26 January 2014 a manifestation in support of the protests in central Kyiv, commonly referred to as Euromaidan and/or Maidan, was held in front of the Dnipropetrovsk Regional Administration. Some of the applicants took part in it (applications nos. 21424/14, 32024/14, 32161/14, 32778/14, 33719/14 and 51084/14), whereas other applicants state that they did not participate and that they were merely present nearby (applications nos. 21429/14, 33729/14, 42200/14 and 42204/14). The police arrested a number of persons, including the applicants, on suspicion of mass disorder (a criminal offence punishable by five to ten years’ imprisonment) and took them to a police station. One of the applicants claims that he was beaten up by the police in the course of his arrest, but provides no details in that regard (application no.   42200/14). On 27 January 2014 the Babushkinskyy District Court in Dnipropetrovsk issued decisions ordering the applicants’ detention for sixty days pending the criminal investigations against them. The court based its decisions mainly on the grounds that the applicants were suspected of a serious crime and that the suspicion had evidential basis. It further held that they might evade investigation and trial, obstruct the establishment of the truth in the case or continue committing crimes, without giving specific details in that regard. Upon the applicants’ appeals, the Dnipropetrovsk Court of Appeal quashed those decisions on different dates (see the annexed table below) and ordered the applicants’ release, having placed some of them under house arrest, whereas some of the applicants were released on an undertaking to appear before the investigator at first request. Eventually, the criminal proceedings against the applicants were discontinued pursuant to the Amnesty Law of 29 January 2014 [6] . COMPLAINTS Relying on Article 5 § 1 of the Convention, the applicants complain that their detention was unlawful. According to them, there was no factual basis for a “reasonable suspicion” of them having committed any criminal offence and the domestic criminal law provision on mass disorder was vague and unclear and therefore they could not foresee that “their participation in the protest would be characterised as mass disorder”. They further complain that the court decisions ordering their detention were unreasoned and were not based on due assessment of the relevant facts. QUESTION TO THE PARTIES Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? ANNEX No. Application number Date of introduction Applicant’s name Date of birth Date of release from detention   21424/14 05/03/2014 Sergiy Vitaliyovych KHMELYOVSKYY Eduard Vyacheslavovych SHEVCHENKO Vladyslav Eduardovych SHEVCHENKO 07/06/1974 19/01/1962 21/01/1988 03/02/2014 12/02/2014 12/02/2014   21429/14 07/03/2014 Valeriy Oleksandrovych DUBOVTSEV Leonid Georgiyovych BABIN Kostyantyn Kakhovych ORBELADZE 12/09/1992 07/12/1975 04/02/1991 03/02/2014 12/02/2014 31/01/2014   32024/14 16/04/2014 Yuriy Petrovych BEZOTOSNYY 05/05/1959 31/01/2014   32161/14 16/04/2014 Kostyantyn Volodymyrovych PEGARKOV 30/10/1982 31/01/2014   32778/14 16/04/2014 Oleg Mykolayovych TSYGANOV 03/02/1976 31/01/2014   33719/14 16/04/2014 Vadym Anatoliyovych SHEBANOV 01/04/1969 31/01/2014   33729/14 16/04/2014 Yevgen Vitaliyovych BALABAY 06/11/1982 31/01/2014   42200/14 16/04/2014 Valeriy Volodymyrovych LAPIN 06/05/1960 03/02/2014   42204/14 16/04/2014 Oleksandr Anatoliyovych BEREZA 10/11/1965 03/02/2014             51084/14 03/07/2014 Vitaliy Andriyovych KHLUSOV 13/04/1990 03/02/2014 5.     Application no. 58925/14 (Vorontsov v. Ukraine) and 4 other applications (for details, see the annexed table below) THE FACTS The applications were lodged by five Ukrainian nationals whose personal information and other case details are set out in the annexed table below. The applicants reside in Ukraine. They are represented before the Court by Ms N. Okhotnikova, a lawyer practising in Kharkiv. The facts of the cases, as submitted by the applicants, may be summarised as follows. On 19 February 2014 a manifestation in support of the protests in central Kyiv, commonly referred to as Euromaidan and/or Maidan, was held in Kharkiv, in which the applicants, except for Mr A. Romankov (application no. 58981/14), took part. Mr A. Romankov claims that he did not participate in the protest and that he was merely present nearby. At about 5 p.m. the police used force to disperse the protesters and arrested a number of them, including the applicants. Mr A. Romankov alleges that he was beaten-up in the course of his arrest, but provides no further details in that regard. On 20 February 2014 the Chervonozavodskyy District Court in Kharkiv found the applicants guilty of malicious disobedience to a lawful order of the police (an administrative offence under Article 185 of the Code of Administrative Offences) and sentenced them to fifteen days of administrative detention. On 22 February 2014 the same court released the applicants from serving their punishment pursuant to the Amnesty Law of 21   February 2014. [7] As they were released from administrative detention, the applicants decided not to appeal against the decisions of 20 February 2014. COMPLAINTS Relying on Article 5 § 1 of the Convention, the applicants complain that their detention was unlawful and that the court decisions ordering their detention were unreasoned and were not based on due assessment of the relevant facts. They further complain that their detention was arbitrary as it was a means to quell the then ongoing pro-Maidan protests and to punish the applicants for taking part in a manifestation. Relying on Article 5 § 3 of the Convention, the applicants claim that they had no opportunity to prepare arguments against their detention at the hearing on 20 February 2014 and that they could not effectively challenge the measure during that hearing. QUESTIONS TO THE PARTIES 1.     Have the applicants complied with the requirement of exhaustion of domestic remedies laid down in Article 35 § 1 of the Convention in respect of their complaint under Article 5 § 1 of the Convention, the notice of which is being given to the Government? Have such remedies been available to them in theory and in practice, as required by Article 13 of the Convention?   2.     Were the applicants deprived of liberty in violation of Article 5 § 1 of the Convention, having regard, in particular, to their complaints of arbitrariness of their detention? Did the deprivation of liberty fall within any of paragraphs (a), (b), (c), (d), or (e) of this provision? ANNEX   No. Application number Date of introduction Applicant’s name Date of birth   58925/14 19/08/2014 Maksym Valeriyovych VORONTSOV 25/02/1979   58969/14 19/08/2014 Anton Oleksandrovych SAVCHENKO 18/02/1992   58976/14 19/08/2014 Volodymyr Ivanovych STRUKOV 20/02/1959   58981/14 19/08/2014 Oleksandr Sergiyovych ROMANKOV 13/09/1995   59120/14 19/08/2014 Denys Oleksandrovych SINELNIKOV 13/09/1976   6.     Application no. 36834/14 (Akhrameyev v. Ukraine) lodged on 28   April 2014 and application no.   55133/14 (Shushar v. Ukraine) lodged on 30   July 2014 THE FACTS The applications were lodged by Mr Vitaliy Oleksandrovych Akhrameyev, born in 1955, and Mr Vitaliy Vitaliyovych Shushar, born in 1983, who are Ukrainian nationals and reside in Ukraine. Mr   V.   Akhrameyev represented before the Court by Mr O. Baydyk, a lawyer practising in Kyiv. The relevant facts, as submitted by the applicants, may be summarised as follows. A.     Facts pertinent to Mr V. Akhrameyev’s case The applicant took part in the protests in central Kyiv, which started in late November 2013 and have been commonly referred to as Euromaidan and/or Maidan. In this connection he was arrested by the police on 21   January 2014. On 23 January 2014 the Solomyanskyy District Court in Kyiv warranted his continued detention pending the criminal proceedings against him on suspicion of mass disorder (a criminal offence punishable by five to ten years’ imprisonment). The court based its decision mainly on the grounds that the applicant was suspected of a serious crime and that the suspicion had evidential basis. It further held that he might evade investigation and trial, obstruct the establishment of the truth in the case or continue committing crimes, without giving specific details in that regard. On 11   February 2014 the Kyiv Court of Appeal upheld that decision. On 12 February 2014 the District Court released the applicant from detention, having placed him under house arrest. The applicant has not provided information about any further developments in his criminal case. B.     Facts pertinent to Mr V. Shushar’s case On 23 January 2014 the applicant took part in a pro-Maidan manifestation in Cherkassy. In this connection he was arrested by the police in the early hours of the next day. On 25 January 2014 the Smila Town Court warranted his continued detention pending the criminal proceedings against him on suspicion of mass disorder. The court based its decision mainly on the same grounds as in the case of Mr V. Akhrameyev (see above). On 4 February 2014 the Sumy Court of Appeal quashed that decision and ordered the applicant’s release upon an undertaking to appear before the investigator at first request. Eventually, the criminal proceedings against the applicant were discontinued for the reason of absence of elements of a crime in his actions. COMPLAINTS Mr V. Akhrameyev complains under Article 6 § 1 of the Convention of the unfairness of the court proceedings concerning his detention. Relying on Articles 7 and 11 of the Convention, he complains that he was deprived of the right to freely express his political views through taking part in Maidan . Relying on Article 5 § 1 of the Convention, Mr V. Shushar complains that his detention was unlawful and that the court decision ordering his detention was unreasoned and was not based on due assessment of the relevant facts. He further complains under Article 5 § 2 of the Convention that he was not informed of the reasons for his arrest. Relying on Articles 6 § 3 and 13 of the Convention that he could not effectively defend his interests during the hearing on his detention. The applicant complains of a violation of Article 11 of the Convention, stating that he was arrested for the reason that he was taking part in a peaceful protest. QUESTIONS TO THE PARTIES 1.     Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?   2.     Did the judicial review of the applicants’ detention meet the requirements of Article   5   § 3 of the Convention, in particular in so far as the scope and the nature of such review are concerned?   3.     Has there been an interference with the applicants’ right to freedom of peaceful assembly? If so, has it been contrary to Article 11 of the Convention? 7.     Application no. 39800/14 (Verbytskyi v. Ukraine) lodged on 8   April 2014 THE FACTS The applicant, Mr Sergiy Tarasovytch Verbytskyy, is a Ukrainian national, who was born in 1958 and currently lives in Kyiv. He is represented before the Court by Ms Y. Zakrevska, a lawyer practising in Kyiv. The facts of the case, as submitted by the applicant, may be summarised as follows. In January 2014 the applicant’s brother, Mr Y. Verbytskyy, who lived in Lviv, came to Kyiv and took part in the protests in its central part, commonly referred to as Euromaidan and/or Maidan . In the early hours of 21 January 2014 he was injured by the police into the eye. At about 3.45   a.m. another protester, Mr I. Lutsenko, took him to a hospital. At the hospital they were abducted by several persons in plain clothes. Mr   Y.   Verbytskyy and Mr I. Lutsenko were placed into a vehicle and taken to a forest, where they were beaten up and ill-treated by the abductors. Subsequently, they were taken to another place, which looked like a garage, where they were questioned concerning their involvement in Maidan , in the course of which they were beaten up and ill-treated again. According to Mr   I. Lutsenko, he heard Mr Y. Verbytskyy being beaten more severely after the abductors found out that he was from Lviv and because he spoke Ukrainian. Mr   I. Lutsenko also heard the abductors discussing the possibility of taking him and Mr Y. Verbytskyy to a police station. At about 6 p.m.