CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 avril 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 } .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 } .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 } .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 } .sA11BE78A { height:17.3pt } .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 } .sFD306575 { height:35.55pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sB853CD26 { font-family:Arial; font-size:8pt } .s7ED160F0 { text-decoration:none } .s52B1583 { font-family:Arial; font-size:8pt; text-decoration:underline; color:#0069d6 } .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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .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 10 April 2018   FIRST SECTION Application no. 7014/15 Viktoriya Anatoliyivna PANTYUSHENKO against Ukraine and Russia and 4 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 As regards applications nos. 7014/15 and 13330/15 the applicants complain under Article 2 that their relatives might no longer be alive as they disappeared under life-threatening circumstances and all the attempts to establish contact with them failed. In application no. 13330/15 the applicant also complains under Article 2 of the Convention that the domestic authorities failed to take measures necessary for carrying out an effective investigation into her husband’s disappearance. In all the applications, except for application no. 13330/15, 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. 7014/15 and 21510/15 the applicants complain that the continuing unlawful captivity of their relatives is tantamount to torture within the meaning of Article 3 of the Convention. As regards applications nos. 7014/15, 13330/15 and 21510/15 the applicants complain under Article 3 of the Convention that long-lasting uncertainty about their relatives’ fate causes them serious mental suffering. In applications nos. 13330/15, 3069/16 and 3075/16 the applicants also complain under Article 3 of the Convention that the domestic authorities failed to take measures necessary for carrying out an effective investigation into the alleged ill ‑ treatment. As regards applications nos. 3069/16 and 3075/16 the applicants complain under Article 4 of the Convention that they were obliged to do forced labour. In all the applications 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. 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 applications nos. 7014/15 and 13330/15, is there any evidence available to the effect that the applicants’ relatives are still alive? 3.     As regards application no. 13330/15, have investigations been carried out in respect of the applicant’s allegations of a violation of Article 2 of the Convention, as required by that provision? 4.     As regards all the applications, except application no. 13330/15, have the applicants’ relatives been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention? 5.     As regards applications nos. 7014/15 and 21510/15, can the captivity of the applicants’ relatives and the alleged treatment during that captivity be regarded as torture within the meaning of Article 3 of the Convention? 6.     As regards applications nos. 7014/15, 13330/15 and 21510/15, can long-lasting uncertainty about their relatives’ fate cause mental sufferings to the applicants sufficient to reach the threshold of inhuman treatment prohibited by Article 3 of the Convention? 7.     As regards applications nos. 13330/15, 3069/16 and 3075/16, 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? 8.     As regards applications nos. 3069/16 and 3075/16, do the facts complained of amount to a violation of Article 4 of the Convention? 9.     As regards all the applications, are the applicants’ relatives deprived of their liberty in breach of Article 5 § 1 of the Convention? 10.     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?   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   7014/15 Pantyushenko v. Ukraine and Russia 05/02/2015 Viktoriya Anatoliyivna PANTYUSHENKO 06/03/1991 Bila Tserkva     Bogdan Valeriyovych PANTYUSHENKO 18/04/1984 Bila Tserkva   Alina Viktorivna PAVLYUK On 18   January   2015 the applicant’s husband, Mr Bogdan Valeriyovych Pantyushenko, born on 18   April   1984, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, was taken captive by the separatist militants of the so-called “Donetsk People’s Republic” (DPR) during a combat mission near the Donetsk airport. On the same day the applicant received a call from so-called “Donetsk Kozaks” who informed her that her husband was held in captivity in Donetsk and allowed her to have a short conversation with him. That was the last time when the applicant spoke with her husband. Several released soldiers, who had been detained with the applicant’s husband, confirmed that the latter was still in captivity. In August 2016 the head of the UN Monitoring Mission Ms Fiona Frazer visited Makiivka Penitentiary Facility No. 97, where Ukrainian prisoners of war were detained, and confirmed that the applicant’s husband was among them at that time. Instituted on 21   January   2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.     13330/15 Solovyova v.   Ukraine and Russia 17/03/2015 Yuliya Grygorivna SOLOVYOVA 08/10/1989 Taborivka     Sergiy Oleksandrovych SOLOVYOV 10/03/1988 Taborivka   Vitaliy Mykhaylovych KHEKALO On 28   August   2014 the applicant’s husband, Mr Sergiy Oleksandrovych Solovyov, born on 10   March   1988, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near Ilovaysk, Donetsk region. The applicant found her husband’s name on the list of the Ukrainian soldiers transferred to Russia, posted in November 2014 in a blog of a Russian human rights activist, a member of an NGO Gruz 200 (http://ru.tsn.ua/politika/rossiyskaya-pravozaschitnica-opublikovala-spisok-vyvezennyh-v-rf-ukrainskih-silovikov-397975.html). Other than that there has been no information about the applicant’s husband’s fate.   Instituted on 26   September   2014 by the Chief Directorate of the National Police in Mykolaiv region.   21510/15 Mykhalchuk v.   Ukraine and Russia 06/05/2015 Nataliya Mykolayivna MYKHALCHUK 11/06/1989 Borokhiv     Viktor Oleksiyovych MYKHALCHUK 09/06/1982 Borokhiv   Oleg Igorovych VEREMIYENKO   On 25   August   2014 the applicant’s husband, Mr   Viktor Oleksiyovych Mykhalchuk, born on 9   June   1982, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near Ilovaysk, Donetsk region. According to Mr Mykhalchuk’s comrades-in-arms, he was seriously wounded and captured by representatives of the DPR.   In October   2014 the applicant had a phone conversation with a DPR representative Ms   Dasha Morosova; the latter notified the applicant that Mr   Mykhalchuk was held in captivity and would be exchanged for DPR militants. By letters from the Ministry of Defence of 17   October   2014 and from the Security Service of Ukraine of 5   November   2014 the applicant was informed that Mr   Mykhalchuk was held in captivity by the DPR militants. According to information provided by a volunteer Mr   Mykola Zolotarenko, in January   2015 Mr   Mykhalchuk was operated on by a DPR doctor. There has been no information about the applicant’s husband since then.   Instituted on 22   October   2014 by the Directorate of the Ministry of the Interior of Ukraine in Volyn region.   3069/16 Glondar v.   Ukraine and Russia 14/01/2016 Kateryna Ivanivna GLONDAR 06/12/1988 Kropyvnytskyy       Sergiy Viktorovych GLONDAR   18/07/1988 Kropyvnytskyy Oleg Igorovych VEREMIYENKO On 16   February   2015 the applicant’s husband, Mr   Sergiy Viktorovych Glondar, born on 18   July   1988, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, was taken captive by the separatist militants of the so-called “Donetsk People’s Republic” (DPR) during a combat mission near the village of Perevalske of Lugansk region. On the same day the applicant spoke with her husband on the phone and the latter informed her that he was held captive. Captivity of the applicant’s husband was subsequently confirmed by several released soldiers (Mr V.O. Kravets, Mr O.A. Sazonov and Mr O.V. Mykhailuk). The applicant stated that Mr Glondar occasionally called her and other family members informing them that he was detained in the former Security Service of Ukraine building. The Ministry of Defence Military Station no. A1314 and Military Station no. B2336, replying to the applicant’s inquiries, confirmed that her husband was held captive at the material time (letters of 19   June   2015 and of 30   June   2015). The applicant recognised her husband on a number of videos: 1) “Ukrainian Special Forces in captivity: we are just meat!” of 3 March 2015 (https://www.youtube.com/watch?v=VTGn6I6d9JU); 2) “Political information under mines” of 18 August 2015 (https://www.youtube.com/watch?v=JKVDNUzmwbc); 3) “Russia-1” channel news broadcasted on 8 December 2015 (http://russia.tv/video/show/episode_id/1257024/video_id/1417427/brand_id/58500) and 4) “Ukraine Armed Forces prisoners of war participate in renovation and restauration of Donetsk church” of 11   April 2015 ( https://www.youtube.com/watch?v=zbwcMerEswU ). On 6 August 2016 the representatives of the UN Monitoring Mission visited Makiivka Penitentiary Facility No. 97. They found that the applicant’s husband was detained there at that time.   Instituted on 7   August   2015 by the Directorate of the Ministry of the Interior of Ukraine in Kirovograd region. On 13   January   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to her complaint.   3075/16 Korinkova v.   Ukraine and Russia 14/01/2016 Yuliya Oleksandrivna KORINKOVA 28/04/1985 Kropyvnytskyy       Oleksandr Oleksandrovych KORINKOV 15/10/1991 Kropyvnytskyy Oleg Igorovych VEREMIYENKO On 16   February   2015 the applicant’s husband, Mr   Oleksandr Oleksandrovych Korinkov, born on 15   October   1991, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, was taken captive by the separatist militants of the so-called “Donetsk People’s Republic” (DPR) during a combat mission near the village of Perevalske of Lugansk region. On the same day the applicant received a phone call from her husband who informed her that he had been taken captive. Subsequently, several released soldiers (Mr V.O. Kravets and Mr O.A. Sazonov), who had been detained with the applicant’s husband, confirmed that the latter was still in captivity in the former building of the Security Service of Ukraine in Donetsk. Another former captive, Mr Oleksandr Volodymyrovych Mykhailuk, testified that as of the moment of his liberation on 29   October   2015 the applicant’s husband was still held captive in that building. The applicant stated that Mr Korinkov sometimes called her and told her that he was detained in the former Security Service of Ukraine building. The Ministry of Defence Military Station no. B2336 by replying to the applicant’s inquiries confirmed that her husband was held captive at the material time (letter of 4   July   2015). The applicant recognised her husband on a number of videos: 1) “Russia-1” channel news broadcasted on 8   December   2015 (http://russia.tv/video/show/episode_id/1257024/video_id/1417427/brand_id/58500) and 2) “Ukrainian captives and a temple” of 11 April 2015 (https://www.youtube.com/watch?v=1mgTnjBalEI) On 6   August   2016 the representatives of the UN Monitoring Mission visited Makiivka Penitentiary Facility No. 97. They found that the applicant’s husband was detained there. By letter of 15   November   2017 the applicant’s lawyer notified the Court that the applicant recognized her husband on video placed on Facebook page of Ms. Helen Solonyna - anchorwoman of the Russian First National Channel: https://www.facebook.com/helena.solonyna/videos/1455182771269199.   Instituted on 2   October   2015 by the Directorate of the Ministry of the Interior of Ukraine in Kirovograd region. On 13   January   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to her complaint.