Communicated on 2 March 2021 Published on 22 March 2021

FIFTH SECTION

Application no. 27182/16 Ivan Mykhaylovych MUSHYNSKYY against Ukraine lodged on 30 August 2013

SUBJECT MATTER OF THE CASE

While serving a life sentence in Sokal Prison no. 47, on 27 March 2012 the applicant was subjected, together with other inmates, to an emergency evacuation after a fire had broken out in that prison. He raises complaints under Article 3 of the Convention similar to those in the case Starenkyy and Others v. Ukraine (no. 71848/13), which were communicated to the Government on 29 May 2019: that the fire evacuation had been accompanied by unjustified violence (the applicant alleges having had his right shoulder dislocated) and that no effective domestic investigation had been carried out.

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to treatment or punishment in breach of Article 3 of the Convention during the fire evacuation in March 2012?

2. Having regard to the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation undertaken by the domestic authorities into the applicant ’ s allegation of ill-treatment in breach of Article 3 of the Convention?

The Government are also requested to submit copies of all the relevant documents, including but not limited to: the report on the applicant ’ s medical examination upon his arrival at the Lviv SIZO; the reports on his forensic medical expert examination following the evacuation if any; the applicant ’ s complaints regarding his alleged ill-treatment if any, as well as the authorities ’ (prosecutor ’ s offices, courts, etc.) responses thereto.