CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 janvier 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sB853CD26 { font-family:Arial; font-size:8pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s25B97BCD { margin-right:auto; margin-left:auto; border:0.75pt solid #808080; border-collapse:collapse } .sF5C9E8B1 { height:46.3pt } .sD1CDDC62 { border-right:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top; background-color:#e0e0e0 } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .s29100277 { font-family:Arial; font-weight:bold } .s2490CDBC { border-right:0.75pt solid #808080; border-left:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top; background-color:#e0e0e0 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .s8DB21C27 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center; font-size:8pt } .s26ADB50A { border-left:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top; background-color:#e0e0e0 } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } .sFD306575 { height:35.55pt } .s2F4AF114 { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s6CF83D49 { margin-left:11.67pt; padding-left:6.18pt; font-family:Arial; font-size:8pt; font-weight:bold } .s898DAE93 { border:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sA0B2759 { margin-top:0pt; margin-left:0.45pt; margin-bottom:0pt; text-indent:-0.45pt; text-align:justify; font-size:8pt } .sB71F2881 { border-top:0.75pt solid #808080; border-left:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sBCA334AF { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sFD82DC6 { margin-left:16.12pt; padding-left:1.73pt; font-family:Arial; font-size:8pt; font-weight:bold } .s7CB6920E { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; border-left:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s62945D10 { border-top:0.75pt solid #808080; border-left:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   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.