Published on 16 August 2021

FIFTH SECTION

Application no. 47282/15 Roman Ivanovych TSARENKO against Ukraine and 3 other applications (see list appended) c ommunicated on 27 July 2021

SUBJECT MATTER OF THE CASE

The applications concern allegations of police ill-treatment with a view to forcing the applicants to give self-incriminating statements and the lack of effective domestic investigation in respect of the aforementioned allegations.

In addition to that two applicants also raise further complaints. More specifically, Mr D. Leontyev (application no. 43612/16) complains about the conditions of detention in Zaporizhzhya pre-trial detention facility (SIZO), lack of effective remedies with respect to the relevant complaints, and the length of criminal proceedings against him.

Mr K. Kononov (application no. 48768/16) complains about the duration of his detention during investigation and trial of his criminal case and the length of the criminal proceedings against him.

QUESTIONS TO THE PARTIES

1. Have the applicants been subjected to torture, inhuman or degrading treatment, in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from torture, inhuman and degrading treatment, (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV and Kaverzin v. Ukraine , no. 23893/03, §§ 169-182, 15 May 2012), was the investigation of the applicants ’ relevant complaints by the domestic authorities compatible with the requirements of Article 3 of the Convention?

1. Did the conditions of the applicant ’ s detention in the Zaporizhzhya SIZO between 04 June 2019 and 8 September 2019 amount to inhuman or degrading treatment?

2. Was the length of the criminal proceedings against the applicant in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

3. Did the applicant have an effective remedy for his complaint under Article 3 concerning the conditions of his detention, as required by Article 13 of the Convention?

1. Was the length of the applicant ’ s detention pending investigation and trial in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?

2. Was the length of the criminal proceedings against the applicant in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

APPENDIX

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Alleged ill-treatment

Other relevant facts

47282/15

Tsarenko v. Ukraine

31/08/2015

Roman Ivanovych TSARENKO 1986 Osytnyashka Ukrainian

01/11/2014

Officers of the Novomyrgorodskyy district police

Abrasions (chest, neck, back)

26815/16

Petrakovskyy v. Ukraine

30/04/2016

Dmytro Igorovych PETRAKOVSKYY

1994 Moscow Ukrainian

21/02/2011

Officers of the Khortytskyy district police in Zaporizhzhya

Soft tissue oedema (occiput); abrasions (upper lip, right shoulder, left hand)

43612/16

Leontyev v. Ukraine

10/04/2016

Dmytro Ivanovych LEONTYEV 1986 Makoshyne Ukrainian

19/02/2014

Officers of the Yakymivka town police

Abrasions (left ear, left hand, right leg and arm)

Conditions of detention:

04/06/2019-08/09/2019 Zaporizhzhya SIZO allegedly cramped, insanitary environment; toilet not separated from living quarters; worn-off linen and bedding; food of unacceptable quality

Duration of criminal proceedings:

19/02/2014 – pending (as of 20/02/2020)

Three levels of jurisdiction

48768/16

Kononov v. Ukraine

13/08/2016

Kostyantyn Sergiyovych KONONOV 1983 Dnipro Ukrainian

27/02/2012

Officers of the Krasnogvardiyskyy district police in Dnipropetrovsk

Haematoma (forehead); bruise (left eye); abrasions (hands)

Duration of pre-trial detention:

27/02/2019-10/07/2014 (conviction);

07/07/2016 (conviction quashed on appeal) -10/01/2018 (conviction)

Duration of criminal proceedings:

27/02/2012 – 18/09/2019

Three levels of jurisdiction