CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 mars 2018

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COMPLAINTS In all the applications, except for application no. 7962/15, the applicants complain under Article 3 of the Convention, relying on information received from soldiers released from captivity, that there is a high probability that their relatives captured in 2014 are ill-treated and held in poor conditions. As regards applications nos. 66264/14, 74577/14 and 7028/15 the applicants complain that the continuing unlawful captivity of their relatives is tantamount to torture within the meaning of Article 3 of the Convention. In all the applications the applicants complain under Article 3 of the Convention that long-lasting uncertainty about their relatives’ fate causes them serious mental suffering. In all the applications, except for application no. 7962/15, the applicants complain under Article 5 § 1 of the Convention that their relatives’ continuous deprivation of liberty is unlawful. In all the applications 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. As regards application no. 7962/15 the applicant complains under Article   2 that her brother might be dead as he disappeared under life ‑ threatening circumstances. 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.     As regards all the applications, except application no. 7962/15, have the applicants’ relatives been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention? 3.     As regards applications nos. 66264/14, 74577/14 and 7028/15, can the captivity of the applicants’ relatives be regarded as torture? 4.     As regards all the applications, except application no. 7962/15, are the applicants’ relatives deprived of their liberty in breach of Article 5 § 1 of the Convention? 5.     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? 6.     As regards application no. 7962/15, is there any evidence available to the effect that the applicant’s brother is still alive? APPENDIX No. Application no. Case title Lodged on Applicant name/ date of birth/ place of residence Name/ date of birth of disappeared person Represented by Notes Investigation into the applicants’ complaints by Ukrainian/ Russian authorities   66264/14 Fonina v.   Ukraine and Russia 07/10/2014 Oksana Leonidivna FONINA Sofiyivska Borshchagivka     Yuriy Leonidovych GOVYADOVSKYY 21/09/1959   Oleg Igorovych VEREMIYENKO From July 2014 the applicant’s brother, Mr Yuriy Govyadovskyy, born on 21   September   1959, served in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. On 28   August   2014 the said battalion was caught in an ambush near Ilovaysk, Donetsk region. On 29 and 30   August the applicant spoke with her brother on the phone and the latter informed her that the battalion was trying to retreat, but was under heavy fire. On 31   August   2014 an unknown person notified the applicant that her brother had been taken captive by the separatist militants of the so-called Donetsk People’s Republic (DPR). In about 7-10 days Mr   Govyadovskyy called the applicant and notified her that he was detained in the former building of the Security Service of Ukraine in Donetsk. A captive, Mr Valentyn Uletskyy ( nom de guerre Kozak), who had been released on 15   September   2014, contacted the applicant on the same day and informed her that her brother was still held in the basement of the former building of the Security Service of Ukraine in Donetsk. The applicant recognized her brother on a YouTube video at (http://www.youtube.com/watch?v=CBF5_SDx2ME). The applicant submits that Mr Govyadovskyy’s name is present on the prisoners’ list of a specialized governmental agency Centre for the Liberation of War Prisoners under No. 162, as of 14   September   2014 and on the list of the Security Service of Ukraine.   On 29   September   2014 the applicant lodged a complaint with the Security Service of Ukraine   69887/14 Polishchuk v.   Ukraine and Russia 29/10/2014 Yuriy Oleksandrovych POLISHCHUK 28/09/1985 Kyiv     Viktor Oleksandrovych POLISHCHUK 27/05/1981   Oleg Igorovych VEREMIYENKO On 31   August   2014 the applicant’s brother, Mr Viktor Oleksandrovych Polishchuk, born on 27   May   1981, was taken captive near Ilovaysk by the separatist militants of the so-called Donetsk People’s Republic (DPR) while serving in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. The applicant learnt about his brother’s captivity from the following videos, where he recognized his brother: https://www.youtube.com/watch?v=D9RrF-nt-2U#t=50 https://www.youtube.com/watch?v=D9RrF-nt-2U https://www.youtube.com/watch?v=kL3A01_7K0A and https://www.youtube.com/watch?v=D9RrF-nt-2U.   On 3   September   2014 the applicant lodged a complaint with the Security Service of Ukraine and on 23   October   2014 – with the Kyiv Chief Directorate of the Ministry of the Interior of Ukraine.   74577/14 Pshenychnov v. Ukraine and Russia 28/11/2014 Oleksandr Anatoliyovych PSHENYCHNOV 30/05/1964 Kyiv     Sergiy Kostyantynovych PSHENYCHNOV 07/08/1996   Oleg Igorovych VEREMIYENKO On 15   August   2014 the applicant’s nephew, Mr Sergiy Pshenychnov, born on 7   August   1996, was abducted by the separatist militants of the so-called Lugansk People’s Republic (LPR) when returning to his home town of Lugansk from the area controlled by the Ukrainian authorities. On an unspecified date Mr Sergiy Pshenychnov’s father, Mr Kostyantyn Pshenychnov, came to Lugansk and saw his son in the building of the Security Service of Ukraine, but was not allowed to contact him. In the meantime, in October-November 2014 several persons were released from the captivity (Mr Yuriy Lelyavskyy and Mr Sergiy Zakharov); they confirmed that Mr Sergiy Pshenychnov remained in detention in Lugansk. On 25   November   2014 a guard of the detainment facility contacted Mr Sergiy Pshenychnov’s father and informed him that Mr Pshenychnov was alive and allowed to receive parcels.   Instituted on 24   November   2014 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv. On 24   November   2014 the applicant lodged complaint with the Security Service of Ukraine.     7028/15 Solovyova v.   Ukraine and Russia 06/02/2015 Olena Sergiyivna SOLOVYOVA 03/04/1985 Mariupol     Yuriy Viktorovych SOLOVYOV 30/09/1979   Oleg Igorovych VEREMIYENKO On 30   August   2014 the applicant’s husband, Mr Yuriy Viktorovych Solovyov, born on 30   September   1979, was taken captive near Ilovaysk by the separatist militants of the so-called Donetsk People’s Republic (DPR) while serving in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. Without providing any explanation the applicant states that she received information about her husband’s captivity from militants of the so-called Donetsk People’s Republic. She also submits that her husband’s name is in the list of captives placed on the Facebook page of the specialized governmental agency Centre for the Liberation of War Prisoners: https://www.facebook.com/centrzvilnennya/posts/824488054287430 The applicant’s husband’s captivity is confirmed also by the letter of the Security Service of Ukraine of 20   February   2015.     Instituted on 28   October   2014 by the Mariupol City Directorate of the Ministry of the Interior of Ukraine in Donetsk region and on 9   February   2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.     7962/15 Buzenko v.   Ukraine and Russia 12/02/2015 Olga Petrivna BUZENKO 06/02/1986 V. Kucheriv     Volodymyr Petrovych BUZENKO 28/07/1988 Oleg Igorovych VEREMIYENKO On 19   January   2015 the applicant spoke on the phone with her brother, Mr Volodymyr Petrovych Buzenko, born on 28   July   1988, for the last time. He served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine. During their telephone conversation the applicant’s brother notified the applicant that he was in Donetsk Airport on combat mission. After that the applicant had no information about her brother’s fate.   Instituted on 9   February   2015 by the Directorate of the Ministry of the Interior of Ukraine in Chernivtsi region. On 29   January   2015 the applicant lodged a complaint with the Security Service of Ukraine, which forwarded the complaint to the Chernivtsi District Prosecutor’s Office.