CEDH · CASELAW;COMMUNICATEDCASES;ENG — 8 août 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .sB4B39BDE { margin-top:0pt; margin-bottom:14pt; page-break-inside:avoid; page-break-after:avoid } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s346F104F { width:111.9%; border-collapse:collapse } .sAEEB25D2 { width:6.94%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .s2E584458 { width:31.06%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sF4DEC127 { width:17.2%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s9FA1CD3D { width:20.54%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s8D05D4DB { width:24.28%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s906D09D5 { width:6.94%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sB15CD763 { width:31.06%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s29A57CA7 { width:17.2%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s4731781 { width:20.54%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s55652D55 { width:24.28%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } Published on 25 August 2025   FIFTH SECTION Application no. 28675/19 Zinayida Konstyantynivna DAMASKINA and Others against Ukraine lodged on 21 May 2019 communicated on 8 August 2025 SUBJECT MATTER OF THE CASE The applicants are Ukrainian nationals of Roma ethnicity who were living in Loshchynivka village in Odesa Region. On 27 August 2016 the police accused a Roma man from Loshchynivka of having raped and killed a little girl. On the same day the applicants fled their houses as they were informed that the villagers had decided to oust them from the village. In the evening of the same day the villagers damaged and burned the applicants’ houses and property found in it. The police and the local authorities were aware of the attack but failed to intervene. The applicants did not return to live in Loshchynivka fearing for their safety. On 27 August 2016 the police instituted criminal investigation into the events following a complaint lodged by the applicants and some activists concerned by the events. The investigation remains pending. The applicants complain that the attack on their property and the authorities’ failure to ensure their safety caused them fear and anguish amounting to treatment within the scope of Article 3 of the Convention. They further complain that the investigation into the attack has been ineffective, and no efforts has been made to uncover racial motivation of the attack (procedural limb of Article 3). The applicants further state that the attack violated their right to home (Article 8) and their right to the peaceful enjoyment of their possessions (Article   1 of Protocol No.   1). They finally complain that the attack and the authorities’ failure to act were racially motivated (Article 14 of the Convention and Article 1 of Protocol No. 12). QUESTIONS TO THE PARTIES 1.     Have the applicants complied with the requirement of exhaustion of domestic remedies laid down in Article 35   § 1 of the Convention in respect of their complaints, notice of which is being given to the Government? Have such remedies been available to them in theory and in practice?   2.     Have the applicants complied with the six-month time-limit laid down in Article 35 § 1 of the Convention in respect of their complaints, notice of which is being given to the Government?   3.     Were the applicants subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?   4.     Having regard to the procedural protection from torture, inhuman or degrading treatment (see Labita v. Italy [GC], no.   26772/95, § 131, ECHR   2000-IV), was the investigation by the domestic authorities in the present case in breach of Article 3 of the Convention?   5.     Has there been a violation of the applicants’ right to respect for their private or family life or their home, contrary to Article 8 of the Convention?   6.     Has there been a violation of Article 1 of Protocol No.   1 in respect of the applicants’ property?   7.     Have the applicants suffered discrimination on the ground of their ethnic origin, contrary to Article 14 of the Convention, read in conjunction with Articles 3 and 8 of the Convention and Article 1 of Protocol No. 1, and to Article 1 of Protocol No. 12? In particular, have the authorities taken all reasonable steps to investigate any possible racist motives behind the alleged attack and the destruction of the applicants’ houses (see Šečić v.   Croatia , no.   40116/02, §§ 66 and 67, 31 May 2007)?     APPENDIX List of applicants   No. Applicant’s Name Year of birth Nationality Place of residence 1. Zinayida Konstyantynivna DAMASKINA 1986 Ukrainian Izmail 2. Yefrosyniya Ivanivna CHEBOTAR 1960 Ukrainian Loshchynivka 3. Yuliya Andriyivna CHEBOTAR 1986 Ukrainian Loshchynivka 4. Olena Mykolayivna CHURAR 1985 Ukrainian Izmail 5. Ruslan Mykolayovych CHURAR 1993 Ukrainian Loshchynivka 6. Zinayida Vasylivna KHALYEVYCH 1963 Ukrainian Loshchynivka 7. Zinayida Mykolayivna MUNTYAN 1983 Ukrainian Izmail