Communicated on 5 October 2018

FIRST SECTION

Application no. 58906/14 Yuliya Mykolayivna GRYSHYNA against Ukraine and Russia and 2 other applications (see list appended)

STATEMENT OF FACTS

The facts of the cases, as submitted by the applicants, are set forth in the appended table.

COMPLAINTS

In all the applications the applicants complain under Article 2 of the Convention that their relatives were killed.

In all the applications the applicants complain under Article 2 of the Convention that the domestic authorities failed to take measures necessary for carrying out an effective investigation into their relatives ’ death.

In all the applications the applicants also complain under Article 2 of the Convention that their relatives were killed as a result of improper planning of the military operations by the Ukrainian authorities.

In all the applications the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights as required by Article 13 of the Convention. They therefore did not have effective remedies in that respect.

QUESTIONS TO THE PARTIES

1. Do the alleged violations of the Convention fall within the “jurisdiction” of the respondent States within the meaning of Article 1 of the Convention?

2. As regards all the applications, were the applicants ’ relatives killed?

3. As regards all the applications, have investigations been carried out in respect of the applicant ’ s allegations of a violation of Article 2 of the Convention, as required by that provision?

4. As regards all the applications, were the applicants ’ relatives killed as a result of improper planning of the military operations by the Ukrainian authorities?

5. As regards all the applications, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention?

APPENDIX

No.

Application

no.

Case title

Lodged on

Applicant name/

date of birth/

place of residence

Name/ date of birth of the killed person

Represented by

Notes

Investigation into the applicants ’ complaints by Ukrainian/ Russian authorities

58906/14

Gryshyna v. Ukraine and Russia

27/08/2014

Yuliya Mykolayivna GRYSHYNA

19/08/1981

Boryspil

Sergiy Mykolayovych GRYSHYN

27/12/1984

Vitaliya Pavlivna

LEBID

On 29 July 2014 the applicant ’ s brother, Mr Sergiy Mykolayovych Gryshyn , born on 27 December 1984, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near Snizhne , Donetsk region.

In January 2015 a DNA analysis identified remains of a body as those of the applicant ’ s brother. On 4 February 2015 the medical death certificate was issued, according to which Mr Sergiy Mykolayovych Gryshyn died on 29 July 2014. It was not possible to establish the cause of the death.

Instituted on 24 August 2014 by the Kirovograd City Department of the Ministry of the Interior of Ukraine in Kirovograd region.

On 28 July 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.

66518/14

Gapochkina v. Ukraine and Russia

08/10/2014

Ganna Vasylivna GAPOCHKINA

30/06/1959

Pavlivka Persha

Vitaliy Vasylyovych MALYSH

02/06/1991

Alina Viktorivna PAVLYUK

On 29 August 2014 the applicant ’ s son, Mr Vitaliy Vasylyovych Malysh , born on 2 June 1991, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, was allegedly killed during combat near Ilovaysk , Donetsk region.

On 25 March 2015 the applicant ’ s son was acknowledged as dead on the basis of a forensic examination; date of death – 29 August 2014.

Instituted on 1 October 2014 by the Talniv District Department of the Ministry of the Interior of Ukraine in Cherkasy region.

On 28 August 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit the complaints to the Ukrainian authorities.

18961/15

Nedovodiyeva v. Ukraine and Russia

21/04/2015

Olena Petrivna NEDOVODIYEVA

30/07/1955

Kyiv

Viktoriya Petrivna NEDOVODIYEVA

26/04/1980

K yiv

Mykyta Oleksandrovych NEDOVODIYEV

09/03/1981

Alina Viktorivna PAVLYUK

On 9 February 2015 the applicant ’ s relative, Mr Mykyta Oleksandrovych Nedovodiyev , born on 9 March 1981, who served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine, disappeared during combat near the village of Logvynove , Donetsk region.

On 19 June 2015 the applicant ’ s relative was acknowledged as dead on the basis of a forensic examination; date of death – 9 February 2015.

Instituted on 12 February 2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.

On 8 December 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.