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VOLOSYUK v. UKRAINE

Doc ref: 66445/14 • ECHR ID: 001-216012

Document date: February 1, 2022

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VOLOSYUK v. UKRAINE

Doc ref: 66445/14 • ECHR ID: 001-216012

Document date: February 1, 2022

Cited paragraphs only

Published on 21 February 2022

FIFTH SECTION

Application no. 66445/14 Volodymyr Meletiyovych VOLOSYUK against Ukraine lodged on 2 December 2014 communicated on 1 February 2022

SUBJECT MATTER OF THE CASE

The applicant was allegedly ill-treated and injured by the police on 30 November 2013 and 18 February 2014 while participating in the series of protests in Ukraine between 21 November 2013 and 21 February 2014, commonly referred to as “Euromaidan” and/or “Maidan” (see Shmorgunov and Others v. Ukraine , nos. 15367/14 and 13 others, §§ 9-17, 21 January 2021). Shortly after those incidents, he underwent medical examinations and lodged criminal applications in that regard with the prosecutors. According to the applicant, the relevant investigations are still ongoing. The applicant complains under Article 3 of the Convention of his ill-treatment by the police and of an ineffective official investigation into the incidents at issue. The applicant also complains under Article 11 that the alleged ill-treatment led to a violation of his right of peaceful assembly.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention, regarding his complaints under Articles 3 and 11 of the Convention?

2. Was the applicant subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention, having regard to his allegations that he was ill-treated by the police on 30 November 2013 and/or 18 February 2014 (see Shmorgunov and Others v. Ukraine , nos. 15367/14 and 13 others, §§ 359-63, 21 January 2021)?

3. Have the domestic authorities conducted an effective official investigation into the applicant’s alleged ill-treatment, as required by Article 3 of the Convention (see Shmorgunov and Others , cited above, §§ 327-35)?

4. Has there been an interference with the applicant’s right to freedom of peaceful assembly, contrary to Article 11 of the Convention, on account of his alleged ill-treatment by the police on 30 November 2013 and/or 18 February 2014 (see Shmorgunov and Others , cited above, §§ 490-94)?

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