CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 février 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 } .s29100277 { font-family:Arial; font-weight:bold } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .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 } .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 } .s3B53EBD5 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; 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 } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } .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 } .sFD82DC6 { margin-left:16.12pt; padding-left:1.73pt; font-family:Arial; font-size:8pt; font-weight:bold } .sF00A2B95 { font-family:Arial; font-size:5.33pt; vertical-align:super } .sBCA334AF { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .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 }   Communicated on 9 February 2018   FIRST SECTION Application no. 7961/15 Oleg Valeriyovych SINKEVYCH against Ukraine and Russia and 14 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 the poor conditions of their detention and of having been humiliated and ill ‑ treated. In all the applications, except for application no. 17947/15, 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 detention. As regards all the applications the applicants complain under Article 4 of the Convention that they were obliged to do forced labour. As regards applications nos. 17947/15 and 32500/15, the applicants also complain under Article 5 § 3 of the Convention that they were detained without a court order. As regards application no. 32500/15, the applicant also complains under Article 5 § 4 of the Convention that he was not entitled to take proceedings by which the lawfulness of his detention would be decided speedily by a court. As regards application no. 32500/15, the applicant also complains under Article 5 § 5 of the Convention that he had no enforceable right to compensation. As regards applications nos. 25342/15 and 29738/15 the applicants complain that they were forced to give interviews to the journalists with the texts prepared by their captors, in breach of Article 10 of the Convention. In all the applications, except for application no. 17947/15, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights as required by Article 13 of the Convention. They therefore did not have effective remedies in that respect. 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 all the applications, do the facts complained of amount to a violation of Article 4 of the Convention? 5.     As regards applications nos. 17947/15 and 32500/15, do the facts complained of amount to a violation of Article 5 § 3 of the Convention? 6.     As regards application no. 32500/15, do the facts complained of amount to a violation of Article 5 § 4 of the Convention? 7.     As regards application no. 32500/15, do the facts complained of amount to a violation of Article 5 § 5 of the Convention? 8.     As regards all the applications, except for application no. 17947/15, 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? 9.     As regards applications nos. 25342/15 and 29738/15, do the facts complained of amount to a violation of Article 10 of the Convention? 10.     As regards all the applications, except for application no. 17947/15, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of 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   7961/15 Sinkevych v. Ukraine and Russia 12/02/2015 Oleg Valeriyovych SINKEVYCH 30/07/1973 Uzyn   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 Kateryna Stanislavivna Zolota, the applicant’s spouse.   In February and March 2015 the applicant lodged complaints with the police, the prosecutor’s office and the Security Service of Ukraine. There has been no response. On 2   July   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.     8533/15 Kushnir v. Ukraine and Russia 16/02/2015 Sergiy Semenovych KUSHNIR 07/06/1985 Kyiv   Oleg Igorovych VEREMIYENKO On 19   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 Olena Mykolayivna Kushnir, the applicant’s spouse.   Instituted on 9   February   2015 by the Investigation Department of the Ministry of Interior of Ukraine in Kyiv. On 18   June   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   14021/15 Dmytruk v. Ukraine and Russia 20/03/2015 Sergiy Leonidovych DMYTRUK 24/10/1988 Lutsk   Alina Viktorivna PAVLYUK On 20   November   2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the premises at 66 Travneva St., Donetsk, and from 30   April   2015 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 20   February   2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Yeva Ivanivna Dmytruk, the applicant’s spouse.   Instituted on 24   November   2014 by the Investigation Department of the Ministry of Interior of Ukraine in Volyn region. On 21   September   2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   16902/15 Sarychev v. Ukraine and Russia 10/04/2015 Volodymyr Ivanovych SARYCHEV 23/06/1958 Novomoskovsk   Vitaliy Mykhaylovych KHEKALO On 9   February   2015 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the premises at 55 Travneva St., Donetsk, and from the end of March 2015 in the building at 14 Goduvantseva St., Lugansk. Until his release on 29   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 Tamara Petrivna Sarycheva, the applicant’s spouse and by Mr. Viktor Volodymyrovych Pochernyaev – the applicant’s superior officer.   In October 2015 the applicant lodged complaints with the police, the prosecutor’s office and the Security Service of Ukraine. There has been no response. On 12   October   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   17947/15 Kryvogub v. Ukraine and Russia 15/04/2015 Oleksandr Sergiyovych KRYVOGUB 29/10/1983 Bila Tsekrva   Olena Mykolayivna ASHCHENKO On 30   September   2014 the applicant was detained by the separatist militants of the so-called Lugansk People’s Republic (LPR) in an unspecified building in Perevalsk. Until his release on 9   April   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 Petrovych Kryvogub, the applicant’s father.   No data available   25342/15 Kolodiy v. Ukraine and Russia 28/05/2015 Taras Myronovych KOLODIY 01/10/1990 Lviv   Alina Viktorivna PAVLYUK On 21   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, in March-April 2016 in the building at 7 Artema St., Donetsk, from April 2016 to June 2016 in the building at 12 Molodizhna St., Donetsk and from 22 June 2016 in correctional colony no. 97 in Makiyivka. Until his release on 18   December   2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Galyna Myroslavivna Kolodiy, the applicant’s mother.   Instituted on 22   May   2015 by the Sykhiv District Department of the Lviv City Directorate of the Ministry of Interior of Ukraine in Lviv region. On 14   June   2017 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   25348/15 Komisarchuk v. Ukraine and Russia 26/05/2015 Artem Volodymyrovych KOMISARCHUK 12/02/1988 Teofipol   Vitaliy Mykhaylovych KHEKALO On 24   August   2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the former police building at 2 Militseyska St., Snizhne, from 28   August   2014 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 8   September   2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Mr. Volodymyr Ivanovych Komisarchuk, the applicant’s father.   On 4   March   2016 the applicant’s lawyer lodged a complaint with the General Prosecutor’s Office, but he has not received any response. On 27   May   2015 the applicant’s father lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit the complaint to the Ukrainian authorities.   25608/15 Furayev v. Ukraine and Russia 29/05/2015 Sergiy Volodymyrovych FURAYEV 29/04/1975 Novovolynsk   Vitaliy Mykhaylovych KHEKALO On 24   August   2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the former police building at 2 Militseyska St., Snizhne, from 29   August   2014 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 8   September   2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Mr. Volodymyr Mykolayovych Furayev, the applicant’s father.   Instituted on 28   May   2015 by the Fastiv City Department of the Chief Directorate of the Ministry of Interior of Ukraine in Kyiv region. On 28   May   2015 the applicant’s father lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit their complaint to the Ukrainian authorities.   26923/15 Zavizion v. Ukraine and Russia 04/06/2015 Grygoriy Andriyovych ZAVIZION 02/05/1967 Vilne   Vitaliy Mykhaylovych KHEKALO On 20   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 Gorlivka, from 26   January   2015 in the building at 55 Travneva St., Donetsk, from the end of April 2015 in the former Security Service of Ukraine’s building in Donetsk and from 4   March   2016 in the building at 7   Artema St., Donetsk. Until his release on 15   March   2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Svitlana Viktorivna Sokolova, the applicant’s partner, and by Mr. Stanislav Grygoriyovych Zavizion – the applicant’s son.   Instituted on 24   March   2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Dnipropetrovsk region. On 28   August   2016 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   29738/15 Grynyukh v. Ukraine and Russia 19/06/2015 Lyubomyr Ivanovych GRYNYUKH 24/05/1980 Tovmach   Yevgeniya Olegivna KAPALKINA On 21   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 27   August   2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Dariya Kostyantynivna Grynyukh, the applicant’s spouse.   Instituted on 27   January   2015 by the Lviv Regional Directorate of the Security Service of Ukraine. On 10   June   2015 the applicant’s wife lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   32500/15 Mazanko v. Ukraine and Russia 03/07/2015 Leonid Borysovych MAZANKO 17/08/1967 Stakhaniv Nataliya Gennadiyivna OKHOTNIKOVA On 12   June   2015 the applicant was detained by the separatist militants of the so-called Lugansk People’s Republic (LPR) in the building at 79   Sovyetskaya St., Lugansk, from 19 June 2015 at the Temporary detention centre of the Lenin District Department of Lugansk and from 26 June 2015 at the Investigation Detention Centre of Lugansk at 4, 23 rd Line St., Lugansk). Until his release on 26   February   2016 he was ill-treated and kept in inhuman and degrading conditions. Also he was infected with hepatitis C by his cellmate.   The case was introduced by Ms Valeriya Leonidivna Mazanko, the applicant’s daughter. Instituted on 18   July   2015 by the Severodonetsk Police Department in Lugansk Region. On 20 June   2015 the applicant’s daughter lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   44172/15 Petryshyn v. Ukraine and Russia 08/09/2015 Orest Bogdanovych PETRYSHYN 11/12/1973 Lviv   Yevgeniya Olegivna KAPALKINA On 17   February   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 30   October   2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Mr Dmytro Borysovych Petryshyn, the applicant’s nephew.   Instituted on 18   February   2015 by the Lviv Regional Directorate of the Security Service of Ukraine. On 24   April   2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   50608/15 Yeroshevych v. Ukraine and Russia 14/10/2015 Petro Mykolayovych YEROSHEVYCH 12/03/1987 Zdolbuniv   Vitaliy Mykhaylovych KHEKALO On 9   February   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 15   March   2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Valentyna Volodymyrivna Yeroshevych, the applicant’s mother.   Instituted on 25   March   2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Rivne region. On 6   September   2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.     52480/15 Mykhaylyuk v. Ukraine and Russia 23/10/2015 Oleksandr Volodymyrovych MYKHAYLYUK 10/06/1982 Nyzhnye   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 the former Security Service of Ukraine’s building in Donetsk. Until his release on 29   October   2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Oksana Volodymyrivna Basenko, the applicant’s mother.   Instituted on 4   February   2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Khmelnytskyy region. On 19   October   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   53587/15 Garnaga v. Ukraine and Russia 29/10/2015 Sergiy Petrovych GARNAGA 04/06/1970 Bila Tsekva   Alina Viktorivna PAVLYUK On 31   May   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 20   February   2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Lyudmyla Viktorivna Garnaga, the applicant’s spouse.     Instituted on unspecified date by the Chief Directorate of the the Ministry of Interior of Ukraine in Kyiv region. On 19   October   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.