Communicated on 9 February 2018

FIRST SECTION

Application no. 7961/15 Oleg Valeriyovych SINKEVYCH against Ukraine and Russia and 14 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

The applicants complain under Article 3 of the Convention of the poor conditions of their detention and of having been humiliated and ill ‑ treated.

In all the applications, except for application no. 17947/15, the applicants also complain that the domestic authorities failed to take measures necessary for carrying out an effective investigation into the alleged ill ‑ treatment.

The applicants furthermore complain under Article 5 § 1 of the Convention of the unlawfulness of their detention.

As regards all the applications the applicants complain under Article 4 of the Convention that they were obliged to do forced labour.

As regards applications nos. 17947/15 and 32500/15, the applicants also complain under Article 5 § 3 of the Convention that they were detained without a court order.

As regards application no. 32500/15, the applicant also complains under Article 5 § 4 of the Convention that he was not entitled to take proceedings by which the lawfulness of his detention would be decided speedily by a court.

As regards application no. 32500/15, the applicant also complains under Article 5 § 5 of the Convention that he had no enforceable right to compensation.

As regards applications nos. 25342/15 and 29738/15 the applicants complain that they were forced to give interviews to the journalists with the texts prepared by their captors, in breach of Article 10 of the Convention.

In all the applications, except for application no. 17947/15, 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. Were the applicants subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention?

3. Were the applicants deprived of their liberty, in breach of Article 5 § 1 of the Convention?

4. As regards all the applications, do the facts complained of amount to a violation of Article 4 of the Convention ?

5. As regards applications nos. 17947/15 and 32500/15, do the facts complained of amount to a violation of Article 5 § 3 of the Convention?

6. As regards application no. 32500/15, do the facts complained of amount to a violation of Article 5 § 4 of the Convention?

7. As regards application no. 32500/15, do the facts complained of amount to a violation of Article 5 § 5 of the Convention?

8. As regards all the applications, except for application no. 17947/15, have investigations been carried out in respect of the applicants ’ allegations of a violation of Article 3 of the Convention, as required by that provision?

9. As regards applications nos. 25342/15 and 29738/15, do the facts complained of amount to a violation of Article 10 of the Convention?

10. As regards all the applications, except for application no. 17947/15, 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

Represented by

Notes

Investigation into the applicants ’ complaints by Ukrainian/ Russian authorities

7961/15

Sinkevych v. Ukraine and Russia

12/02/2015

Oleg Valeriyovych SINKEVYCH

30/07/1973

Uzyn

Oleg Igorovych VEREMIYENKO

On 4 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 21 February 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Kateryna Stanislavivna Zolota , the applicant ’ s spouse.

In February and March 2015 the applicant lodged complaints with the police, the prosecutor ’ s office and the Security Service of Ukraine. There has been no response.

On 2 July 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

8533/15

Kushnir v. Ukraine and Russia

16/02/2015

Sergiy Semenovych KUSHNIR

07/06/1985

Kyiv

Oleg Igorovych VEREMIYENKO

On 19 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 21 February 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Olena Mykolayivna Kushnir , the applicant ’ s spouse.

Instituted on 9 February 2015 by the Investigation Department of the Ministry of Interior of Ukraine in Kyiv.

On 18 June 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

14021/15

Dmytruk v. Ukraine and Russia

20/03/2015

Sergiy Leonidovych DMYTRUK

24/10/1988

Lutsk

Alina Viktorivna PAVLYUK

On 20 November 2014 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the premises at 66 Travneva St., Donetsk, and from 30 April 2015 in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 20 February 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Yeva Ivanivna Dmytruk , the applicant ’ s spouse.

Instituted on 24 November 2014 by the Investigation Department of the Ministry of Interior of Ukraine in Volyn region.

On 21 September 2016 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

16902/15

Sarychev v. Ukraine and Russia

10/04/2015

Volodymyr Ivanovych SARYCHEV

23/06/1958

Novomoskovsk

Vitaliy Mykhaylovych KHEKALO

On 9 February 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the premises at 55 Travneva St., Donetsk, and from the end of March 2015 in the building at 14 Goduvantseva St., Lugansk . Until his release on 29 April 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Tamara Petrivna Sarycheva , the applicant ’ s spouse and by Mr. Viktor Volodymyrovych Pochernyaev – the applicant ’ s superior officer.

In October 2015 the applicant lodged complaints with the police, the prosecutor ’ s office and the Security Service of Ukraine. There has been no response.

On 12 October 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

17947/15

Kryvogub v. Ukraine and Russia

15/04/2015

Oleksandr Sergiyovych KRYVOGUB

29/10/1983

Bila Tsekrva

Olena Mykolayivna ASHCHENKO

On 30 September 2014 the applicant was detained by the separatist militants of the so-called Lugansk People ’ s Republic (LPR) in an unspecified building in Perevalsk . Until his release on 9 April 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Mr Sergiy Petrovych Kryvogub , the applicant ’ s father.

No data available

25342/15

Kolodiy v. Ukraine and Russia

28/05/2015

Taras Myronovych KOLODIY

01/10/1990

Lviv

Alina Viktorivna PAVLYUK

On 21 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk, in March-April 2016 in the building at 7 Artema St., Donetsk, from April 2016 to June 2016 in the building at 12 Molodizhna St., Donetsk and from 22 June 2016 in correctional colony no. 97 in Makiyivka . Until his release on 18 December 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Galyna Myroslavivna Kolodiy , the applicant ’ s mother.

Instituted on 22 May 2015 by the Sykhiv District Department of the Lviv City Directorate of the Ministry of Interior of Ukraine in Lviv region.

On 14 June 2017 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

25348/15

Komisarchuk v. Ukraine and Russia

26/05/2015

Artem Volodymyrovych KOMISARCHUK

12/02/1988

Teofipol

Vitaliy Mykhaylovych KHEKALO

On 24 August 2014 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former police building at 2 Militseyska St., Snizhne , from 28 August 2014 in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 8 September 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Mr. Volodymyr Ivanovych Komisarchuk , the applicant ’ s father.

On 4 March 2016 the applicant ’ s lawyer lodged a complaint with the General Prosecutor ’ s Office, but he has not received any response.

On 27 May 2015 the applicant ’ s father lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit the complaint to the Ukrainian authorities.

25608/15

Furayev v. Ukraine and Russia

29/05/2015

Sergiy Volodymyrovych FURAYEV

29/04/1975

Novovolynsk

Vitaliy Mykhaylovych KHEKALO

On 24 August 2014 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former police building at 2 Militseyska St., Snizhne , from 29 August 2014 in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 8 September 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Mr. Volodymyr Mykolayovych Furayev , the applicant ’ s father.

Instituted on 28 May 2015 by the Fastiv City Department of the Chief Directorate of the Ministry of Interior of Ukraine in Kyiv region.

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

26923/15

Zavizion v. Ukraine and Russia

04/06/2015

Grygoriy Andriyovych ZAVIZION

02/05/1967

Vilne

Vitaliy Mykhaylovych KHEKALO

On 20 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Gorlivka , from 26 January 2015 in the building at 55 Travneva St., Donetsk, from the end of April 2015 in the former Security Service of Ukraine ’ s building in Donetsk and from 4 March 2016 in the building at 7 Artema St., Donetsk . Until his release on 15 March 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Svitlana Viktorivna Sokolova , the applicant ’ s partner, and by Mr. Stanislav Grygoriyovych Zavizion – the applicant ’ s son.

Instituted on 24 March 2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Dnipropetrovsk region.

On 28 August 2016 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.

29738/15

Grynyukh v. Ukraine and Russia

19/06/2015

Lyubomyr Ivanovych GRYNYUKH

24/05/1980

Tovmach

Yevgeniya Olegivna KAPALKINA

On 21 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 27 August 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Dariya Kostyantynivna Grynyukh , the applicant ’ s spouse.

Instituted on 27 January 2015 by the Lviv Regional Directorate of the Security Service of Ukraine.

On 10 June 2015 the applicant ’ s wife lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

32500/15

Mazanko v. Ukraine and Russia

03/07/2015

Leonid Borysovych MAZANKO

17/08/1967

Stakhaniv

Nataliya Gennadiyivna OKHOTNIKOVA

On 12 June 2015 the applicant was detained by the separatist militants of the so-called Lugansk People ’ s Republic (LPR) in the building at 79 Sovyetskaya St., Lugansk , from 19 June 2015 at the Temporary detention centre of the Lenin District Department of Lugansk and from 26 June 2015 at the Investigation Detention Centre of Lugansk at 4, 23 rd Line St., Lugansk ). Until his release on 26 February 2016 he was ill-treated and kept in inhuman and degrading conditions. Also he was infected with hepatitis C by his cellmate.

The case was introduced by Ms Valeriya Leonidivna Mazanko , the applicant ’ s daughter.

Instituted on 18 July 2015 by the Severodonetsk Police Department in Lugansk Region.

On 20 June 2015 the applicant ’ s daughter lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

44172/15

Petryshyn v. Ukraine and Russia

08/09/2015

Orest Bogdanovych PETRYSHYN

11/12/1973

Lviv

Yevgeniya Olegivna KAPALKINA

On 17 February 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 30 October 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Mr Dmytro Borysovych Petryshyn , the applicant ’ s nephew.

Instituted on 18 February 2015 by the Lviv Regional Directorate of the Security Service of Ukraine.

On 24 April 2016 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

50608/15

Yeroshevych v. Ukraine and Russia

14/10/2015

Petro Mykolayovych YEROSHEVYCH

12/03/1987

Zdolbuniv

Vitaliy Mykhaylovych KHEKALO

On 9 February 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 15 March 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Valentyna Volodymyrivna Yeroshevych , the applicant ’ s mother.

Instituted on 25 March 2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Rivne region.

On 6 September 2016 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.

52480/15

Mykhaylyuk v. Ukraine and Russia

23/10/2015

Oleksandr Volodymyrovych MYKHAYLYUK

10/06/1982

Nyzhnye

Oleg Igorovych VEREMIYENKO

On 21 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 29 October 2015 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Oksana Volodymyrivna Basenko , the applicant ’ s mother.

Instituted on 4 February 2015 by the Investigative Department of the the Ministry of Interior of Ukraine in Khmelnytskyy region.

On 19 October 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 his complaint to the Ukrainian authorities.

53587/15

Garnaga v. Ukraine and Russia

29/10/2015

Sergiy Petrovych GARNAGA

04/06/1970

Bila Tsekva

Alina Viktorivna PAVLYUK

On 31 May 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in the former Security Service of Ukraine ’ s building in Donetsk . Until his release on 20 February 2016 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Lyudmyla Viktorivna Garnaga , the applicant ’ s spouse.

Instituted on unspecified date by the Chief Directorate of the the Ministry of Interior of Ukraine in Kyiv region.

On 19 October 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.