CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 novembre 2023

.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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } Published on 20 November 2023   FIFTH SECTION Application no. 48829/18 Yuriy Gavrylovych SAVELYEV against Ukraine and 7 other applications (see list appended) communicated on 3 November 2023 SUBJECT MATTER OF THE CASES The applications concern the applicants’ complaints under Article 5 § 1 of the Convention and Article 2 of Protocol No. 4 to the Convention, and the absence of an effective domestic remedy for the above complaints, in breach of Article 13 of the Convention. The applicants are crew members of a fishing boat, the N., registered in Crimea by the Russian authorities (its registration was considered to be void under Ukrainian legislation). On 25 March 2018 the Ukrainian Border Service stopped the boat in the Azov Sea, as the boat did not have valid registration documents, and escorted it to the port of Berdyansk. According to the applicants, their identity documents were seized and they were ordered to stay on the boat and could not leave it. On 6 April 2018 the Prymorskyi District Court of Mariupol found the applicants guilty of a breach of the rules on entering the temporarily occupied territory of Ukraine and imposed fines on them in various amounts. There is no information as to whether the applicants appealed against those decisions. In addition, a criminal investigation into a breach of the rules on entering/leaving the territory of Ukraine was instituted against the captain of the boat, Mr G. (application no. 49233/18). On 4 April 2018 he was arrested by the investigator and on 6 April 2018 the local court decided to detain the applicant with the possibility of release on bail. On 10 April 2018 his lawyer paid bail, and the applicant was released. The applicants’ lawyer lodged complaints with the investigating judge by virtue of Article 206 of the Code of Criminal Procedure (see   Vadym   Melnyk   v.   Ukraine , nos. 62209/17 and 50933/18, § 57, 16   September 2022) regarding the unlawfulness of their detention. The   complaints were rejected without consideration of the merits by the Berdyansk Local Court of Zaporizhzhya Region on 2 April 2018. On 5   May   2018 that decision was quashed on appeal and the case was remitted for a fresh consideration. On various dates the courts reconsidered the applicants’ complaints and dismissed them as unsubstantiated. The applicants state that, in the meantime, they were released on 6 April 2018. The applicants complain under Article 5 of the Convention that they were unlawfully deprived of their liberty as a result of their detention on the boat from 25 March to 6 April 2018. They furthermore raised a complaint under Article 2 of Protocol No. 4 to the Convention that, for the same reasons, their freedom of movement was restricted. They also complain under Article 13 of the Convention that they had no effective domestic remedy in respect of their complaints under Article 5 of the Convention and Article 2 of Protocol No. 4 to the Convention. QUESTIONS TO THE PARTIES 1.     Is Article 5 of the Convention applicable in relation to the applicants’ stay on the boat between 25 March and 6 April 2018? What was the applicants’ legal status, and did they have the right to leave the boat during that time? The Government are invited to submit relevant documents confirming the applicants’ legal status, their arrest and release, if any. 2.     Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 5 §   1? If so, did they exhaust that remedy in order to comply with the requirements of Article 35 § 1 of the Convention? 3.     Was the applicants’ stay on the boat from 25 March to 6 April 2018 in compliance with Article 5 of the Convention? 4.     Is Article 2 of Protocol No. 4 to the Convention applicable in relation to the same events? 5.     Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 2 of Protocol No. 4 to the Convention as required by Article 13? If so, did they exhaust that remedy in order to comply with the requirements of Article 35 § 1 of the Convention? 6.     Was there a violation of Article 2 of Protocol No. 4 to the Convention as a result of their stay on the boat between 25 March and 6 April 2018?   APPENDIX No. Application no. Case name Lodged on Applicant Year of Birth Represented by 1. 48829/18 Savelyev v.   Ukraine 05/10/2018 Yuriy Gavrylovych SAVELYEV 1956 Anton Yuriyovych ZHURAVEL 2. 48902/18 Chmykhalov v. Ukraine 05/10/2018 Pavlo Sergiyovych CHMYKHALOV 1985 Anton Yuriyovych ZHURAVEL 3. 49033/18 Taranets v.   Ukraine 03/10/2018 Volodymyr Dmytrovych TARANETS 1960 Anton Yuriyovych ZHURAVEL 4. 49042/18 Bazhanov v.   Ukraine 03/10/2018 Dmytro Mykolayovych BAZHANOV 1997 Anton Yuriyovych ZHURAVEL 5. 49043/18 Umilyenov v. Ukraine 05/10/2018 Viktor Yuriyovych UMILYENOV 1962 Anton Yuriyovych ZHURAVEL 6. 49050/18 Fedyshen v.   Ukraine 03/10/2018 Viktor Ivanovych FEDYSHEN 1971 Anton Yuriyovych ZHURAVEL 7. 49233/18 Gorbenko v.   Ukraine 09/10/2018 Volodymyr Mykolayovych GORBENKO 1976 Anton Yuriyovych ZHURAVEL 8. 49424/18 Umilyenov v. Ukraine 05/10/2018 Yuriy Viktorovych UMILYENOV 1988 Anton Yuriyovych ZHURAVEL