CEDH · CASELAW;COMMUNICATEDCASES;ENG — 14 janvier 2022

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7F95B77E { margin-top:0pt; margin-bottom:6pt; font-size:11pt } .s270ABA62 { margin-top:6pt; margin-bottom:0pt; font-size:11pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Published on 31 January 2022   FIFTH SECTION Application no. 39553/16 Yelena Mikhaylovna VYACHESLAVOVA against Ukraine and 7 other applications (see list appended) communicated on 14 January 2022 SUBJECT MATTER OF THE CASE The present cases concern a massive violent confrontation between the “pro-Euromaidan” and “anti-Euromaidan” activists that took place in Odesa on 2 May 2014. On that day the anti-Euromaidan activists, who opposed the recent ousting of President Yanukovych from power as a result of the protest movement known as “Euromaidan” (or “Maidan”), clashed with the pro ‑ Euromaidan activists, who were holding a rally in support of those changes. [1] Forty-eight persons were reported dead and over two hundred injured in connection with the relevant events. Several sets of criminal proceedings were instituted into the events, most of them currently ongoing. The present cases were lodged by thirty-one applicants who either lost a relative or sustained injuries in the aforesaid confrontation, as participants on either side or by-standers. The applicants whose relatives were killed allege that the State authorities had failed to protect their lives and the applicants who suffered injuries allege that they had failed to protect them from ill ‑ treatment. All applicants further allege that the investigation of the relevant circumstances has been ineffective and that they had suffered extreme anguish and distress on account of the manner in which the authorities handled the investigation and treated them in its course. They refer to Articles 2 or 3 in this respect. Some applicants who filed civil claims within the framework of the ongoing criminal proceedings also complain about their length, invoking Article 6 of the Convention. One applicant additionally invokes Article 8 of the Convention complaining of a delay in handing her the body of her deceased father for burial. Finally, all the applicants complain, under Article 13 of the Convention, that they had no effective remedies for their complaints concerning either death of their relatives or injuries sustained by them personally on 2   May   2014. According to the material presented by the applicants, the confrontation started near Hretska Square in the city centre, when anti-Euromaidan activists attacked the participants of a pro-Euromaidan rally. Six persons, including relatives of some of the applicants, [2] died as a result of gunfire injuries sustained during the ensuing street battles in the vicinity of the Hretska Square. Subsequently, the prevailing pro-Euromaidan activists arrived at their opponents’ encampment at Kulykove Pole Square and started destroying and torching their tents. By that time numerous anti ‑ Euromaidan activists had barricaded themselves in a five-storey Trade Union Building facing the square and both parties exchanged shots and Molotov cocktails. A fire broke out in the Trade Union Building, which took the lives of thirty-four persons, including relatives of some of the applicants. [3] Eight persons, including relatives of some of the applicants [4] , were killed when falling from the burning building either in attempts to escape, or as a result of falling or being pushed out of the windows. The remaining applicants sustained burns and other injuries. QUESTIONS TO THE PARTIES The applicants are requested to provide copies of identification documents indicating the correct spelling of their names in the official language of the country of nationality.   1.     Has the respondent State complied with its positive obligation to protect the life of the applicants’ deceased relatives, as required by Article 2 of the Convention? In particular, have the competent authorities taken all the steps that could have been reasonably expected from them   (a)     to prevent a violent confrontation between the pro-Euromaidan and anti-Euromaidan activists in Odesa on 2   May   2014 ( all applications )?   (b)     to halt the violence after the confrontation had begun ( all applications )?   (c)     to prevent the eruption and the spread of the fire in the Trade Union Building, to have it extinguished, and/or to evacuate the persons inside ( applications nos.   39553/16, 52632/16, 53467/16, 59339/17, 47092/18, and 2467/19 )?   2.     Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), was the investigation of the deaths of the applicants’ relatives in the present case by the domestic authorities such as to meet the requirements of Article   2 of the Convention ( all applications )?   3.     Considering the physical injuries suffered by Mr   Y.   Didenko, Mr   S.   Dmitriyev, and Mr   A.   Gerasimov on 2   May   2014, has the respondent State defaulted on its positive obligation under Article 3 of the Convention to protect them from ill ‑ treatment (application no.   59339/17) ?   4.     Having regard to procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation of the complaints concerning the alleged ill ‑ treatment on 2 May 2014 lodged by Mr   Y.   Didenko, Mr   S.   Dmitriyev, and Mr   A.   Gerasimov in breach of Article   3 of the Convention (application no.   59339/17) ?   5.     Have the applicants been subjected to ill-treatment within the meaning of Article   3 of the Convention on account of the manner, in which the authorities handled the investigation and treated them in its course (all applications) ?   6.     Has the length of the criminal proceedings, in which the applicants acted as civil claimants, been in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (applications nos.   52632/16; 53467/16; 59339/17; 76896/17; and 2467/19) ?   7.     Has there been a breach of either Article 3 or Article 8 of the Convention on account of the complaint lodged by Mrs   Y.   Vyacheslavova concerning a delay in handing her father’s body for burial (application no.   39553/16) ?   8.     Did the applicants whose relatives were killed on 2 May 2014 have at their disposal an effective domestic remedy for their complaints under Article   2, as required by Article   13 of the Convention ( all applications )?   9.     Did Mr   Y.   Didenko, Mr   S.   Dmitriyev, and Mr   A.   Gerasimov have at their disposal an effective domestic remedy for their complaints under Article   3 concerning the State’s failure to protect them from ill-treatment suffered on 2 May 2014, as required by Article   13 of the Convention (application no.   59339/17) ?   APPENDIX   Application no. Case name Lodged on Applicant Year of Birth Residence Nationality Applicant injured/ Relative killed Relevant circumstances Represented by 39553/16 Vyacheslavova v. Ukraine 27/06/2016 Yelena Mikhaylovna VYACHESLAVOVA 1976 Odesa Ukrainian Mikhail Mikhaylovich VYACHESLAVOV father Trade Union Building Yuliya LISOVA Lawyer practicing in Kyiv Mykhaylo TARAKHKALO Lawyer practicing in Kyiv   52632/16 Berezovska v. Ukraine 26/08/2016 Neonila Leonidivna BEREZOVSKA 1953 Odesa Ukrainian Leonid Viktorovych BEREZOVSKYY son Trade Union Building Anatoliy POPOV Lawyer practicing in Kyiv 53467/16 Brygar v. Ukraine 26/08/2016 Olena Borysivna BRYGAR 1979 Kalagliya Ukrainian Volodymyr Anatoliyovych BRYGAR spouse Trade Union Building Anatoliy POPOV Lawyer practicing in Kyiv 59339/17 Babushkina and Others v. Ukraine 04/08/2017 Olga Vladimirovna BABUSHKINA 1981 Odesa Ukrainian Lyudmila Leonidovna BRYGAR 1962 Nadbuske Ukrainian Yuriy Vladimirovich DIDENKO 1968 Serpukhov Ukrainian Sergey Nikolayevich DMITRIYEV 1975 Tayirove Ukrainian Aleksandr Vikrorovich GERASIMOV 1978 Odesa Ukrainian Tatyana Sergeyevna KOVRIGA 1945 Odesa Ukrainian Irina Yevgenyevna LUKAS 1961 Odesa Ukrainian Marianna Ivanovna MISHINA 1985 Koblevo Ukrainian Aleksandr Vitalyevich NEGATUROV 1965 Odesa Ukrainian Vitaliy Yuryevich PETROV 1956 Odesa Ukrainian Irina Pavlovna PIDORICH 1976 Odesa Ukrainian Yelena Aleksandrovna RADZIKHOVSKAYA 1954 Odesa Ukrainian Valentina Petrovna YAKHLAKOVA 1940 Odesa Ukrainian Anatoliy Andreyevich KALIN spouse Trade Union Building     Volodymyr Anatoliyovych BRYGAR son see above     survivor sustained burns and other injuries       survivor sustained burns and other injuries       survivor sustained burns and other injuries       Nikolay Sergeyevich KOVRIGA son Trade Union Building     Igor Yerolovich LUKAS son Trade Union Building       Sergey Sergeyevich MISHIN spouse Trade Union Building     Vadim Vitalyevich NEGATUROV brother Trade Union Building     Anna Anatolyevna VERENIKINA spouse Trade Union Building     Nina Ivanovna LOMAKINA mother Trade Union Building     Andrey Gennadyevich BRAZHEVSKIY son falling from height     Petr Anatolyevich KAIR son Trade Union Building Stichting Justice Initiative, Utrecht, Netherlands Egbert WESSELINK Chairman of the Board 59531/17 Biryukova and Others v. Ukraine 04/08/2017 Lyudmila Ivanovna BIRYUKOVA 1946 Odesa Ukrainian Vladimir Ivanovich IVANOV 1952 Bilgorod -Dnistrovskyy Ukrainian Lyubov Petrovna IVANOVA 1956 Bilgorod -Dnistrovskyy Ukrainian Andrey Vasilyevich BIRYUKOV son city centre clashes firearm injuries   Igor Vladimirovich IVANOV son city centre clashes firearm injuries   Igor Vladimirovich IVANOV son see above   Stichting Justice Initiative Utrecht, Netherlands Egbert WESSELINK Chairman of the Board 76896/17 Gorenko and Others v. Ukraine 24/10/2017   Yevgeniya Viktorovna GORENKO 1978 Odesa Ukrainian Vladislav Nikolayevich YAVORSKIY 2009 Odesa Ukrainian   Viktor Nikolayevich YAVORSKIY 2011 Odesa Ukrainian Alena Anatolyevna YAVORSKAYA 1973 Odesa Ukrainian Raisa Igorevna ZHULKOVA 1941 Odesa Ukrainian Irina Georgiyevna PETROVA 1954 Odesa Ukrainian Nikolay Anatolyevich YAVORSKIY spouse city centre clashes firearm injuries   Nikolay Anatolyevich YAVORSKIY father see above     Nikolay Anatolyevich YAVORSKIY father see above     Nikolay Anatolyevich YAVORSKIY brother see above     Aleksandr Yuryevich ZHULKOV son city centre clashes firearm injuries   Gennadiy Igorevich PETROV son city centre clashes firearm injuries   Stichting Justice Initiative Utrecht, Netherlands Egbert WESSELINK Chairman of the Board   Andriy KARKISHCHENKO Lawyer practicing in Odesa   47092/18 Marikoda and Others v. Ukraine 01/10/2018 Tamara Petrovna MARIKODA 1945 Odesa Russian Yevgeniy Ivanovich MILEV 1980 Odesa Ukrainian Lyudmila Vasilyevna NIKITENKO 1960 Odesa Russian Ivan Ivanovich MILEV son Trade Union Building       Ivan Ivanovich MILEV brother Trade Union Building       Maksim Alekseyevich NIKITENKO son falling from height Stichting Justice Initiative Utrecht, Netherlands Egbert WESSELINK Chairman of the Board   Andriy KARKISHCHENKO Lawyer practicing in Odesa   2467/19 Kushnaryov and Others v. Ukraine 11/12/2018   Oleksandr Vitaliyovych KUSHNARYOV 1953 Odesa Ukrainian Nataliya Gennadiyivna KUSHNARYOVA 1954 Odesa Ukrainian Fatima Raveyevna PAPURA 1974 Odesa Ukrainian Yelena Aleksandrovna RADZIKHOVSKAYA 1954 Odesa Ukrainian Gennadiy Oleksandrovych KUSHNARYOV son Trade Union Building   Gennadiy Oleksandrovych KUSHNARYOV son see above   Vadym Vadymovych PAPURA son falling from height   Andrey Gennadyevich BRAZHEVSKIY son Falling from height Andriy KARKISHCHENKO Lawyer practicing in Odesa   [1] For more information, see, in particular, Report of the International Advisory Panel of the Council of Europe https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168048851b [2] See details in the Appendix below [3] See details in the Appendix below [4] See details in the Appendix below