Communicated on 15 March 2018

FIRST SECTION

Application no. 66264/14 Oksana Leonidivna FONINA against Ukraine and Russia and 4 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, except for application no. 7962/15, the applicants complain under Article 3 of the Convention, relying on information received from soldiers released from captivity, that there is a high probability that their relatives captured in 2014 are ill-treated and held in poor conditions.

As regards applications nos. 66264/14, 74577/14 and 7028/15 the applicants complain that the continuing unlawful captivity of their relatives is tantamount to torture within the meaning of Article 3 of the Convention.

In all the applications the applicants complain under Article 3 of the Convention that long-lasting uncertainty about their relatives ’ fate causes them serious mental suffering.

In all the applications, except for application no. 7962/15, the applicants complain under Article 5 § 1 of the Convention that their relatives ’ continuous deprivation of liberty is unlawful.

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.

As regards application no. 7962/15 the applicant complains under Article 2 that her brother might be dead as he disappeared under life ‑ threatening circumstances.

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, except application no. 7962/15, have the applicants ’ relatives been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?

3. As regards applications nos. 66264/14, 74577/14 and 7028/15, can the captivity of the applicants ’ relatives be regarded as torture?

4. As regards all the applications, except application no. 7962/15, are the applicants ’ relatives deprived of their liberty in breach of Article 5 § 1 of the Convention?

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?

6. As regards application no. 7962/15, is there any evidence available to the effect that the applicant ’ s brother is still alive?

APPENDIX

No.

Application

no.

Case title

Lodged on

Applicant name/

date of birth/

place of residence

Name/ date of birth of d isappeared person

Represented by

Notes

Investigation into the applicants ’ complaints by Ukrainian/ Russian authorities

66264/14

Fonina v. Ukraine and Russia

07/10/2014

Oksana Leonidivna FONINA

Sofiyivska Borshchagivka

Yuriy Leonidovych GOVYADOVSKYY

21/09/1959

Oleg Igorovych VEREMIYENKO

From July 2014 the applicant ’ s brother, Mr Yuriy Govyadovskyy , born on 21 September 1959, served in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. On 28 August 2014 the said battalion was caught in an ambush near Ilovaysk , Donetsk region. On 29 and 30 August the applicant spoke with her brother on the phone and the latter informed her that the battalion was trying to retreat, but was under heavy fire.

On 31 August 2014 an unknown person notified the applicant that her brother had been taken captive by the separatist militants of the so-called Donetsk People ’ s Republic (DPR). In about 7-10 days Mr Govyadovskyy called the applicant and notified her that he was detained in the former building of the Security Service of Ukraine in Donetsk.

A captive, Mr Valentyn Uletskyy ( nom de guerre Kozak ), who had been released on 15 September 2014, contacted the applicant on the same day and informed her that her brother was still held in the basement of the former building of the Security Service of Ukraine in Donetsk.

The applicant recognized her brother on a YouTube video at (http://www.youtube.com/watch?v=CBF5_SDx2ME).

The applicant submits that Mr Govyadovskyy ’ s name is present on the prisoners ’ list of a specialized governmental agency Centre for the Liberation of War Prisoners under No. 162, as of 14 September 2014 and on the list of the Security Service of Ukraine.

On 29 September 2014 the applicant lodged a complaint with the Security Service of Ukraine

69887/14

Polishchuk v. Ukraine and Russia

29/10/2014

Yuriy Oleksandrovych POLISHCHUK

28/09/1985

Kyiv

Viktor Oleksandrovych POLISHCHUK

27/05/1981

Oleg Igorovych VEREMIYENKO

On 31 August 2014 the applicant ’ s brother, Mr Viktor Oleksandrovych Polishchuk , born on 27 May 1981, was taken captive near Ilovaysk by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) while serving in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine. The applicant learnt about his brother ’ s captivity from the following videos, where he recognized his brother:

https://www.youtube.com/watch?v=D9RrF-nt-2U#t=50 https://www.youtube.com/watch?v=D9RrF-nt-2U

https://www.youtube.com/watch?v=kL3A01_7K0A

and

https://www.youtube.com/watch?v=D9RrF-nt-2U.

On 3 September 2014 the applicant lodged a complaint with the Security Service of Ukraine and on 23 October 2014 – with the Kyiv Chief Directorate of the Ministry of the Interior of Ukraine.

74577/14

Pshenychnov v. Ukraine and Russia

28/11/2014

Oleksandr Anatoliyovych PSHENYCHNOV

30/05/1964

Kyiv

Sergiy Kostyantynovych PSHENYCHNOV

07/08/1996

Oleg Igorovych VEREMIYENKO

On 15 August 2014 the applicant ’ s nephew, Mr Sergiy Pshenychnov , born on 7 August 1996, was abducted by the separatist militants of the so-called Lugansk People ’ s Republic (LPR) when returning to his home town of Lugansk from the area controlled by the Ukrainian authorities.

On an unspecified date Mr Sergiy Pshenychnov ’ s father, Mr Kostyantyn Pshenychnov , came to Lugansk and saw his son in the building of the Security Service of Ukraine, but was not allowed to contact him.

In the meantime, in October-November 2014 several persons were released from the captivity (Mr Yuriy Lelyavskyy and Mr Sergiy Zakharov ); they confirmed that Mr Sergiy Pshenychnov remained in detention in Lugansk.

On 25 November 2014 a guard of the detainment facility contacted Mr Sergiy Pshenychnov ’ s father and informed him that Mr Pshenychnov was alive and allowed to receive parcels.

Instituted on 24 November 2014 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.

On 24 November 2014 the applicant lodged complaint with the Security Service of Ukraine.

7028/15

Solovyova v. Ukraine and Russia

06/02/2015

Olena Sergiyivna SOLOVYOVA

03/04/1985

Mariupol

Yuriy Viktorovych SOLOVYOV

30/09/1979

Oleg Igorovych VEREMIYENKO

On 30 August 2014 the applicant ’ s husband, Mr Yuriy Viktorovych Solovyov , born on 30 September 1979, was taken captive near Ilovaysk by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) while serving in the Ukrainian voluntary battalion “Donbas” in the area of the anti-terrorist operation in the Eastern Ukraine.

Without providing any explanation the applicant states that she received information about her husband ’ s captivity from militants of the so-called Donetsk People ’ s Republic. She also submits that her husband ’ s name is in the list of captives placed on the Facebook page of the specialized governmental agency Centre for the Liberation of War Prisoners: https://www.facebook.com/centrzvilnennya/posts/824488054287430

The applicant ’ s husband ’ s captivity is confirmed also by the letter of the Security Service of Ukraine of 20 February 2015.

Instituted on 28 October 2014 by the Mariupol City Directorate of the Ministry of the Interior of Ukraine in Donetsk region and on 9 February 2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.

7962/15

Buzenko v. Ukraine and Russia

12/02/2015

Olga Petrivna BUZENKO

06/02/1986

V. Kucheriv

Volodymyr Petrovych BUZENKO

28/07/1988

Oleg Igorovych VEREMIYENKO

On 19 January 2015 the applicant spoke on the phone with her brother, Mr Volodymyr Petrovych Buzenko , born on 28 July 1988, for the last time. He served in the Ukrainian Army in the area of the anti-terrorist operation in the Eastern Ukraine. During their telephone conversation the applicant ’ s brother notified the applicant that he was in Donetsk Airport on combat mission. After that the applicant had no information about her brother ’ s fate.

Instituted on 9 February 2015 by the Directorate of the Ministry of the Interior of Ukraine in Chernivtsi region.

On 29 January 2015 the applicant lodged a complaint with the Security Service of Ukraine, which forwarded the complaint to the Chernivtsi District Prosecutor ’ s Office.