Y.P.R. v. UKRAINE AND RUSSIA and 5 other applications
Doc ref: 20067/14;20068/14;20401/14;22169/14;49184/14;52912/14 • ECHR ID: 001-174002
Document date: May 2, 2017
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Communicated on 2 May 2017
FIRST SECTION
Application no. 20067/14 Y . P . R . against Ukraine and Russia and 5 other applications (see list appended)
STATEMENT OF FACTS
The applications concern alleged breaches of the applicants ’ rights provided for by Articles 3, 5, 8, 9, 10, 13 and 14 of the Convention and Article 1 of the Protocol No. 1 to the Convention on the territory of Crimea in March 2014.
COMPLAINTS
The applicants complain that they were unlawfully deprived of liberty and subjected to ill-treatment by persons supported by the Russian Federation on the grounds of their allegiance to the cause of unity of Ukraine. They allege a breach of Articles 3 and 5 § 1 of the Convention.
As regards applications nos. 20068/14, 20401/14, 22169/14, 49184/14, and 52912/14, the applicants complain under Article 8 of the Convention about a violation of their right to respect for their private life and correspondence due to unlawful searches, isolation from society and reading their private e-mails and telephone messages .
As regards application no. 20068/14, the applicants complain under Article 9 of the Convention about an interference with their freedom of religion due to the fact that the crosses they wore on their necks were torn off .
As regards applications nos. 20068/14, 20401/14, 22169/14, 49184/14, and 52912/14, the applicants complain under Article 10 of the Convention that they were apprehended and ill-treated for their views that they had expressed on the unity of Ukraine .
The applicants complain under Article 13 of the Convention that they have no effective remedy in respect of the alleged breaches of their Convention rights.
As regards applications nos. 20068/14, 22169/14, 49184/14, and 52912/14, the applicants complain under Article 14 of the Convention in conjunction with Articles 3, 5, 8, 9, and 10, that their rights were violated due to the views they hold on the unity of Ukraine and on the Russian intervention in the Crimea, their language and place of residence.
As regards applications nos. 20068/14, 22169/14 and 52912/14, the applicants complain under Article 1 of Protocol No. 1 to the Convention that certain items belonging to them were taken away from them , namely:
- 20068/14: the first applicant ’ s car, the applicants ’ personal belongings;
- 22169/14: the first applicant ’ s car;
- 52912/14: car, mobile phone, documents, credit cards.
QUESTIONS TO THE PARTIES
1. Do the alleged violations of the Convention fall within the “jurisdiction” of the respondent Government s 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. 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?
4. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?
5. As regards applications nos. 20068/14, 20401/14, 22169/14, 49184/14, and 52912/14 , has there been an interference with the applicants ’ right to respect for their private life and correspondence, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
6. As regards application no. 20068/14 , has there been an interference with the applicant ’ s freedom of religion within the meaning of Article 9 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 9 § 2?
7. As regards applications nos. 20068/14, 20401/14, 22169/14, 49184/14, and 52912/14, has there been an interference with the applicants ’ freedom of expression, in particular their right to receive and impart information and ideas, within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?
8. Did the applicants have effective remedies at their disposal in respect of their Convention complaints as required by Article 13 of the Convention?
9. As regards applications nos. 20 068/14, 22169/14, 49184/14, and 52912/14 , have the applicants suffered discrimination in the enjoyment of their rights provided for by Articles 3, 5, 8, 9 and 10 of the Convention on the ground of their political opinion and national origin, contrary to Article 14 of the Convention?
10. As regards applications nos. 20068/14, 22169/14 and 52912/14, has there been an interference with the applicants ’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that interference in compliance with the requirements of Article 1 of Protocol No. 1 to the Convention?
Appendix
No.
Application
no.
Lodged on
Applicant name
20067/14
11/03/2014
Y.P. R.
20068/14
11/03/2014
A.Y.K. and A.S. SH.
20401/14
11/03/2014
O.S.M. and K.T. B.
22169/14
19/03/2014
Y.L.P. and Y.G. G.
49184/14
01/07/2014
M.V. V.
52912/14
17/07/2014
S.A. S.