CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 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 } .s29100277 { font-family:Arial; font-weight:bold } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .sC8636342 { 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 } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; 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 } .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 } .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 5 October 2018     FIRST SECTION Application no. 58906/14 Yuliya Mykolayivna GRYSHYNA against Ukraine and Russia and 2 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 In all the applications the applicants complain under Article 2 of the Convention that their relatives were killed. In all the applications the applicants complain under Article 2 of the Convention that the domestic authorities failed to take measures necessary for carrying out an effective investigation into their relatives’ death. In all the applications the applicants also complain under Article 2 of the Convention that their relatives were killed as a result of improper planning of the military operations by the Ukrainian authorities. 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 all the applications, were the applicants’ relatives killed? 3.     As regards all the applications, 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, were the applicants’ relatives killed as a result of improper planning of the military operations by the Ukrainian authorities? 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?   APPENDIX No. Application no. Case title Lodged on Applicant name/ date of birth/ place of residence Name/ date of birth of the killed person Represented by Notes Investigation into the applicants’ complaints by Ukrainian/ Russian authorities   58906/14 Gryshyna v.   Ukraine and Russia 27/08/2014 Yuliya Mykolayivna GRYSHYNA 19/08/1981 Boryspil   Sergiy Mykolayovych GRYSHYN 27/12/1984 Vitaliya Pavlivna LEBID On 29 July 2014 the applicant’s brother, Mr   Sergiy Mykolayovych Gryshyn, born on 27 December 1984, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near Snizhne, Donetsk region. In January 2015 a DNA analysis identified remains of a body as those of the applicant’s brother. On 4 February 2015 the medical death certificate was issued, according to which Mr Sergiy Mykolayovych Gryshyn died on 29 July 2014. It was not possible to establish the cause of the death.   Instituted on 24   August   2014 by the Kirovograd City Department of the Ministry of the Interior of Ukraine in Kirovograd region. On 28   July   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.     66518/14 Gapochkina v. Ukraine and Russia 08/10/2014 Ganna Vasylivna GAPOCHKINA 30/06/1959 Pavlivka Persha   Vitaliy Vasylyovych MALYSH 02/06/1991 Alina Viktorivna PAVLYUK On 29 August 2014 the applicant’s son, Mr   Vitaliy Vasylyovych Malysh, born on 2 June 1991, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, was allegedly killed during combat near Ilovaysk, Donetsk region. On 25 March 2015 the applicant’s son was acknowledged as dead on the basis of a forensic examination; date of death – 29   August 2014.     Instituted on 1   October   2014 by the Talniv District Department of the Ministry of the Interior of Ukraine in Cherkasy region. On 28   August   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 the complaints to the Ukrainian authorities.   18961/15 Nedovodiyeva v.   Ukraine and Russia 21/04/2015 Olena Petrivna NEDOVODIYEVA 30/07/1955 Kyiv Viktoriya Petrivna NEDOVODIYEVA 26/04/1980 Kyiv   Mykyta Oleksandrovych NEDOVODIYEV 09/03/1981 Alina Viktorivna PAVLYUK On 9 February 2015 the applicant’s relative, Mr Mykyta Oleksandrovych Nedovodiyev, born on 9 March 1981, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near the village of Logvynove, Donetsk region. On 19 June 2015 the applicant’s relative was acknowledged as dead on the basis of a forensic examination; date of death – 9   February 2015.   Instituted on 12   February   2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv. On 8   December   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.