Communicated on 10 January 2018

FIRST SECTION

Application no. 71095/14 Andriy Dmytrovych YURCHUK against Ukraine and Russia and 9 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 poor conditions of their detention and of having been humiliated and ill ‑ treated.

Referring to the above-mentioned provision of the Convention, in applications nos. 111/15, 4933/15, 5177/15, 5924/15, 5928/15 and 5931/15, 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 being deprived of their liberty.

As regards applications nos. 72498/14, 77489/14, 3448/15, 4933/15, 5177/15, 5924/15 and 5931/15 , the applicants complain under Article 4 of the Convention that they were obliged to perform forced labour.

Referring to Article 13 of the Convention, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights. They therefore did not have effective remedies in that respect.

As regards applications nos. 71095/14 and 5928/15 the applicants complain under Article 8 that their detention violated their right to private and family life as they were isolated from their relatives and the outside world.

As regards application no. 77489/14 the applicant complains under Article 1 of Protocol no. 1 to the Convention that her property and money were confiscated by her captors.

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 applications nos. 72498/14, 77489/14, 3448/15, 4933/15, 5177/15, 5924/15 and 5931/15, do the facts complaine d of amount to a violation of Article 4 of the Convention ?

5. As regards applications nos. 111/15, 4933/15, 5177/15, 5924/15, 5928/15 and 5931/15, 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?

6. 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?

7. As regards applications nos. 71095/14 and 5928/15, did the applicants ’ detention violate their right to private and family life?

8. As regards application no. 77489/14, were the applicant ’ s property and money confiscated by her captors in breach o f Article 1 of Protocol No. 1 to 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

71095/14

Yurchuk v. Ukraine and Russia

07/11/2014

Andriy Dmytrovych YURCHUK

14/11/1975

Rivne

Oleg Igorovych VEREMIYENKO

On 20 August 2014 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 26 December 2014 he was ill-treated and kept in inhuman and degrading conditions.

The case was introduced by Ms Olga Leonidivna Yurchuk , the applicant ’ s spouse.

Instituted on 28 August 2014 by the Investigation Directorate of the Ministry of Interior of Ukraine in Rivne Region.

On 23 February 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

72498/14

Sholom v. Ukraine and Russia

18/11/2014

Denys Oleksandrovych SHOLOM

12/11/1986

Brovary

Yevgeniya Oleksandrivna ZAKREVSKA

On 5 November 2014 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 December 2014 he was ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Ms Oleksandra Romanivna Kachenyuk , the applicant ’ s spouse.

Instituted on 24 November 2014 by the Chief Investigation Directorate of the Security Service of Ukraine.

77489/14

Gorbachova v. Ukraine and Russia

16/12/2014

Klavdiya Ivanivna GORBACHOVA

27/04/1957

Almazna

Oleg Igorovych VEREMIYENKO

On 22 October 2014 the applicant was detained by the separatist militants of the so-called Lugansk People ’ s Republic (DPR), at first on the premises of boarding school No. 3 and then in pre-trial detention centre in Stakhaniv . Until her release on 22 February 2015 she was ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.

The case was introduced by Mr Vasyl Ovsiyovych Gorbachov , the applicant ’ s husband.

Instituted on 26 October 2014 by the Syevyerodonetsk Town Department of the Ministry of Interior of Ukraine in Lugansk Region.

On 23 September 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

111/15

Kurmanchuk v. Ukraine and Russia

06/01/2015

Vasyl Fedorovych KURMANCHUK

05/06/1965

Bila Tserkva

Nadezhda VOLKOVA

On 18 December 2014 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR), at first in unknown premises in Yennakiyevo , and then in the police office of Gorlivka . Until his release on 8 January 2015 he was tortured, ill-treated and kept in inhuman and degrading conditions.

The case was introduced by Ms Tetyana Yuriyivna Kurmanchuk , the applicant ’ s spouse.

Instituted on 28 December 2014 by the Bila Tserkva Town Department of the Ministry of Interior of Ukraine in Kyiv Region.

On 6 July 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

3448/15

Lysenko v. Ukraine and Russia

17/01/2015

Sergiy Mykolayovych LYSENKO

22/12/1980

Kyiv

Oleg Igorovych VEREMIYENKO

On 4 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR), at first in unknown administrative building and then 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 Yuliya Sergeyevna Klubayets , the applicant ’ s civil partner.

Instituted on 27 January 2015 by the Investigation Directorate of the Ministry of Interior of Ukraine in Kyiv.

On 3 July 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

4933/15

Mayuk v. Ukraine and Russia

26/01/2015

Volodymyr Borysovych MAYUK

13/04/1984

Tsebriv

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 unknown premises in Donetsk . Until his release on 6 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 Iryna Borysivna Mayuk , the applicant ’ s sister.

Instituted on 21 January 2015 by the Chief Investigation Directorate of the Security Service of Ukraine.

On 17 July 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response dated 26 August 2015 that the investigation of the alleged crime was conducted and a request for the applicant to come personally to give evidence.

5177/15

Voynovskyy v. Ukraine and Russia

27/01/2015

Mykola Viktorovych VOYNOVSKYY

16/01/1985

Boyarka

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 Viktoriya Viktorivna Voynovska , the applicant ’ s sister.

Instituted on 26 January 2015 by the Kyyevo-Svyatoshynskym District Department of the Ministry of Interior of Ukraine in Kyiv Region.

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

5924/15

Ostapkovych v. Ukraine and Russia

30/01/2015

Oleksandr Mykolayovych OSTAPKOVYCH

11/01/1960

Brovary

Oleg Igorovych VEREMIYENKO

On 30 September 2014 the applicant was detained by the separatist militants of the so-called Lugansk People ’ s Republic (LPR) at first in the premises of night club “Tornado” and then in the premises of the Employment Centre in Perevalsk . Until his escape on 24 February 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 Oleksandrovych Ostapkovych , the applicant ’ s son.

Instituted on 29 January 2015 by the Brovary Town Department of the Ministry of Interior of Ukraine in Kyiv Region.

On 21 July 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.

5928/15

Kuzminykh v. Ukraine and Russia

30/01/2015

Oleg Volodymyrovych KUZMINYKH

06/02/1977

Zhytomyr

Alina Viktorivna PAVLYUK

On 20 January 2015 the applicant was detained by the separatist militants of the so-called Donetsk People ’ s Republic (DPR) in unknown premises in Donetsk. Until his release on 22 May 2015 he was tortured, ill-treated and kept in inhuman and degrading conditions.

The case was introduced by Ms Tetyana Antoliyivna Kuzminykh , the applicant ’ s spouse.

Instituted on 28 January 2015 by the Zhytomyr Town Department of the Ministry of Interior of Ukraine in Zhytomyr Region.

On 17 April 2015 the applicant ’ s wife lodged a complaint with the Investigative Committee of the Russian Federation. They received a response with a recommendation to submit their complaint to the Ukrainian authorities.

5931/15

Sayenko v. Ukraine and Russia

30/01/2015

Igor Volodymyrovych SAYENKO

24/05/1968

Trostyanets

Oleg Igorovych VEREMIYENKO

On 20 January 2015 the second 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 6 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 Nataliya Vasylivna Sayenko , the applicant ’ s spouse.

Instituted on 23 January 2015 by the Trostyanets District Department of the Ministry of Interior of Ukraine in Sumy Region.

On 17 July 2015 the applicant ’ s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response dated 26 August 2015 that the investigation of the alleged crime was going on and a request to the applicant to come personally to give evidence.