CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 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 } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s70A7D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:7pt } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sFF075836 { margin-right:7.05pt; margin-left:7.05pt; border-collapse:collapse; } .s3695F815 { 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 } .sA790A2B6 { font-family:Arial; font-weight:bold; color:#4d4d4d } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } Published on 15 September 2025   FOURTH SECTION Application no. 18432/22 Lidiya Stepanivna OMELCHUK against Russia and Ukraine and 9 other applications (see table appended) communicated on 28 August 2025 SUBJECT MATTER OF THE CASES The applications concern the alleged extrajudicial killings, ill-treatment, forced disappearances and unlawful detention of a number of Ukrainian civilians — the applicants’ close relatives — who were captured by Russian forces during the full-scale invasion in Bucha, Hostomel, Kozarovychi and Sydorovychi (located to the north and west of Kyiv) in the Kyiv region in March 2022. The applicants in applications nos. 27251/22, 28142/22, 37260/22, 40778/22, 42057/22, 43332/22, and 43581/22 were informed by a number of released detainees, International Committee of the Red Cross, Ukrainian authorities, and the Ministry of Defence of the Russian Federation that their relatives had been detained by Russian authorities. Based on testimonies from former detainees, it appears that the applicants’ relatives were transferred to and held in SIZO-1, in the city of Kursk, or SIZO-2, in Novozybkov city in the Russian Federation (see also Ukraine and the Netherlands v. Russia [GC], nos. 8019/16 and 3 others, § 922, 9 July 2025). The applicants in applications nos. 18432/22 and 20539/22 have not been able to establish the whereabouts of their relatives. As regards application no. 41836/22, the first applicant’s sister, L.   Shevchenko, and second applicant’s father, I. Steblevskyy, were a married couple. On 22 March 2022, L. Shevchenko was allegedly injured as a result of Russian shelling. While seeking medical assistance, she and her husband were taken by Russian soldiers. Afterward, the applicants lost contact with the couple. As subsequently confirmed by the testimonies of former detainees, I. Steblevskyy was detained in a warehouse in Hostomel, then transferred to SIZO-2 in Novozybkov city, in the Russian Federation, and subsequently transferred to Sevastopol in Crimea. On 8 November 2022 the Ministry of Defence of the Russian Federation confirmed that the second applicant’s father had been detained by Russian authorities. On 24 November 2022, following a forensic examination, the first applicant found out that her sister had died on 22 March 2022. On different dates from 14 April to 14 September 2022, the applicants in all applications requested the Court to indicate interim measures under Rule   39 of the Rules of the Court. The Court accepted the requests and decided to indicate to the Government of the Russian Federation that they should ensure respect for the Convention rights of the applicants’ close relatives, notably their rights under Articles 2 and 3 of the Convention, to provide them with any necessary medication, and to take steps to ensure their release. In addition, the Court also decided to indicate to the Government of Ukraine to ensure, insofar as it is possible to do so, respect for the Convention rights of the applicants’ close relatives. The interim measures remain in force. Relying on Articles 2 and 13 of the Convention, the applicants in applications nos. 18432/22 and 20539/22 complain that their relatives might have been killed following their abduction. The first applicant in application no. 41836/22 alleges that her sister was killed as a result of shelling by the Russian authorities in violation of Articles 2 and 13 of the Convention. Invoking the procedural limb of Article 2 in conjunction with Article 13, the applicants complain of the Russian Federation’s and Ukraine’s alleged failure to carry out effective investigations. Relying on Articles 3, 5, 8 and 13 of the Convention all applicants, except the first applicant in application no. 41836/22, complain that their relatives were unlawfully detained in inhuman and degrading conditions, subjected to torture by Russian authorities, and were subjected to an absolute ban on contact with family members and the outside world. Invoking the procedural limb of Article 3 in conjunction with Article 13, the applicants complain of the Russian Federation’s and Ukraine’s alleged failure to carry out effective investigations. Relying on Article 18 taken in conjunction with Articles 5 and 8 of the Convention, the applicant in application no. 37260/22 alleges an ulterior purpose — namely, increase in the number of detentions by the Russian Federation in view of potential exchanges of prisoners — for violations in relation to her son. Lastly, relying on Article 34 of the Convention, she complains that the Russian Federation failed to implement the interim measures indicated by the Court on 3 August 2022.   In support of their allegations above, the applicants rely on testimonies provided by former detainees as well as on the reports of the United Nations High Commissioner for Human Rights (UNHCR), the Organisation for Security and Cooperation in Europe (OSCE) mission of experts, Amnesty International and Human Rights Watch.         QUESTIONS TO THE APPLICANTS AND THE RUSSIAN GOVERNMENT 1.     Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?   2.     Have the right to life of the applicants’ relatives in applications nos.   18432/22, 20539/22 and 41836/22, ensured by Article 2 of the Convention, been violated (see Ukraine and the Netherlands v. Russia [GC], cited above, §§ 1038-40)? Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), have any investigations been carried out in respect of the applicants’ allegations of a violation of Article 2 of the Convention, as required by that provision?   3.     Were the applicants’ relatives, except the first applicant’s relative in application no. 41836/22, subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention (see Ukraine and the Netherlands v. Russia [GC], cited above, § 1076)? Have any investigations been carried out in respect of the applicants’ allegations of a violation of Article 3 of the Convention as required by that provision?   4.     Were the applicants’ relatives, except the first applicant’s relative in application no. 41836/22, deprived of their liberty in breach of Article 5   §   1 of the Convention (see Ukraine and the Netherlands v. Russia [GC], cited above, §§ 1113, 1117)?   5.     Has there been a breach of the rights of the applicants’ close relatives, except the first applicant’s relative in application no. 41836/22, under Article   8 of the Convention on account of the allegedly absolute ban on their contact with their families?   6.     Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 2, 3, 5 and 8, as required by Article 13 of the Convention (see Ukraine and the Netherlands v. Russia [GC], cited above, §§ 1617-21)?   7.     Were the deprivation of the liberty and restrictions on the communication of the applicant’s relative in application no. 37260/22 imposed for a purpose other than those envisaged by Article 5 § 1 (c) and Article 8 § 2 of the Convention, contrary to Article 18 of the Convention?   8.     Have the Government of the Russian Federation complied with the interim measures indicated on 3 August 2022 under Rule 39 of the Rules of Court in application no. 37260/22? If the answer is in the negative, was there a hindrance by the Russian Government with the effective exercise of the applicant’s right of individual application, ensured by Article 34 of the Convention (see Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, §§ 128-29, ECHR 2005-I)? QUESTIONS TO THE APPLICANTS AND THE UKRAINIAN GOVERNMENT 1.     Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?   2.     Have any investigations been carried out in respect of the applicants’ allegations in applications nos. 18432/22, 20539/22 and 41836/22 of a violation of Article 2 of the Convention, as required by that provision?   3.     Have any investigations been carried out in respect of the applicants’ allegations in all applications, except that of the first applicant in application no. 41836/22, of a violation of Article 3 of the Convention, as required by that provision?   4.     Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 2 and 3, as required by Article 13 of the Convention?     APPENDIX List of applications:   No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence Nationality Applicants’ relative Date of Birth Relation Nationality Represented by Date and place of abduction or forced disappearance of the applicants’ relative 1. 18432/22 Omelchuk v. Russia and Ukraine 13/04/2022 Lidiya Stepanivna OMELCHUK 1962 Kotsyubynske Ukrainian   Mykhaylo Volodymyrovych OMELCHUK 1987 son Ukrainian Oksana Vasylivna MYKHALEVYCH 05/03/2022 Hostomel 2. 20539/22 Bondar v. Russia and Ukraine 27/04/2022 Yevgen Vasylyovych BONDAR 1993 Kyiv Ukrainian   Oleg Vasylyovych BONDAR 1989 brother Ukrainian Oksana Vasylivna MYKHALEVYCH 15/03/2022 Sydorovychi 3. 27251/22 Panina v. Russia and Ukraine 06/06/2022 Tetyana Mykolayivna PANINA 1974 Kyiv Ukrainian Yakiv Kharlampiyovych KYRYLOV 1982 unmarried partner Ukrainian Oksana Vasylivna MYKHALEVYCH 08/03/2022 Hostomel 4. 28142/22 Khylyuk v. Russia and Ukraine 09/06/2022 Vasyl Andriyovych KHYLYUK 1948 Kozarovychi Ukrainian   Dmytro Vasylyovych KHYLYUK 1975 son Ukrainian Oksana Vasylivna MYKHALEVYCH 03/03/2022 Kozarovychi 5. 37260/22 Remez v. Russia and Ukraine 02/08/2022 Lyudmyla Mykolayivna REMEZ 1973 Datsenkivka Ukrainian Ivan Sergiyovych REMEZ 1991 son Ukrainian Anna Grygorivna KOZMENKO 03/03/2022 Hostomel 6. 40778/22 Lyubych v. Russia and Ukraine 24/08/2022 Snizhana Viktorivna LYUBYCH 1982 Hostomel Ukrainian   Sergiy Oleksandrovych LYUBYCH 1984 husband Ukrainian Oksana Vasylivna MYKHALEVYCH 07/03/2022 Hostomel 7. 41836/22 Fedorchuk and Mykolenko v. Russia and Ukraine 01/09/2022 Olena Viktorivna FEDORCHUK 1974 Kyiv Ukrainian Roman Igorovych MYKOLENKO 1984 Vyshneve Ukrainian   Lyudmyla Viktorivna SHEVCHENKO 1968 sister Ukrainian   Igor Dmytrovych STEBLEVSKYY 1960 father Ukrainian Oksana Vasylivna MYKHALEVYCH 22/03/2022 Hostomel 8. 42057/22 Smaglyuk v. Russia and Ukraine 01/09/2022 Maryna Igorivna SMAGLYUK 1997 Gostomel Ukrainian   Mykola Oleksandrovych SMAGLYUK 1996 husband Ukrainian Oksana Vasylivna MYKHALEVYCH 05/03/2022 Hostomel 9. 43332/22 Kulakivska v. Russia and Ukraine 12/09/2022 Nataliya Viktorivna KULAKIVSKA 1979 Hostomel Ukrainian   Yevgen Mykhaylovych GURYANOV 1976 husband Ukrainian Oksana Vasylivna MYKHALEVYCH 18/03/2022 Bucha 10. 43581/22 Yanchenko v. Russia and Ukraine 13/09/2022 Tetyana Volodymyrivna YANCHENKO 1958 Bakhmach Ukrainian   Yevgeniy Vitaliyovych YANCHENKO 1988 son Ukrainian Oksana Vasylivna MYKHALEVYCH 10/03/2022 Hostomel