Communicated on 20 February 2014

FIFTH SECTION

Application no. 7684/14 Yuriy Bogdanovych DEREVYANKO against Ukraine lodged on 23 January 2014

STATEMENT OF FACTS

The applicant, Mr Yuriy Bogdanovych Derevyanko , is a Ukrainian national, who was born in 1973 and lives in Kyiv .

The facts of the case, as submitted by the applicant, may be summarised as follows.

The applicant claims to have been taking part in the on-going protests in central Kyiv since November 2013. Since that time and, in particular, starting from 18 February 2014 the police have made violent attempts to disperse the protesters in central Kyiv. The applicant states that the police have been us ing live ammunition, explosives, water cannons despite low temperatures and other means, which resulted in the deaths of over 30 people and in serious injuries of hundreds other protesters. According to the applicant, the police deliberately set on fire one of the buildings previously occupied by the protesters. At least, one perso n died as a result of the fire.

The applicant claims that the police have been given orders to pursue the attempts to disperse the protesters by any means and that the Armed Forces have been instructed to assist the police in this operation. The applicant relies in this regard on various reports of domestic and international observers and claims that he has no means to collect all documents in support of his complaints.

COMPLAINTS

The applicant complains that the measures the authorities have been employing to hinder his and other protesters ’ right to protest are contrary to Articles 3, 5, 8, 11 and 13 of the Convention and Article 1 of Protocol No. 1. H e argues , in particular, that the police have been us ing disproportionate force endangering his life and health and that of other protesters. The applicant states that neither he nor o the r protesters have effective domestic remedies in this regard at their disposal, as the authorities have been reluctant to investigate effectively the protesters ’ complaints of abuses and have used the law-enforcement machinery to persecute the protesters.

QUESTIONS TO THE PARTIES

1. Has the applicant complied with the requirement of exhaustion of domestic remedies laid down in Article 35 § 1 of the Convention in respect of all his complaints, the notice of which is being given to the Government? Have such remedies been available to him in theory and in practice, as required by Article 13 of the Convention?

2. Having regard to the applicant ’ s submissions and his request under Rule 39 of the Rules of Court, does the applicant currently run a real and imminent risk to his life and physical well-being? In particular, does he risk to be subjected to the treatment prohibited by Articles 2 and/or 3 of the Convention, given his allegations of risk to his life and health? If so, what measures are being taken by the Government to avoid the risk of such treatment?

3. Has there been a violation of the applicant ’ s right to freedom of peaceful assembly, contrary to Article 11 of the Convention?