Published on 20 November 2023

FIFTH SECTION

Application no. 15981/17 Vladyslav Yuriyovych GORANIN against Ukraine lodged on 17 February 2017 communicated on 30 October 2023

SUBJECT MATTER OF THE CASE

Relying on Article 3 of the Convention, the applicant complains that he was ill-treated and injured, mainly into the face and head, by the police on 21 and 22 March 2014 and that no effective official investigation was conducted into that incident, even though his injuries were duly recorded by a doctor. Allegedly, he was ill-treated in connection with his participation 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) and in order to extract his confession of having murdered several police officers on 2 March 2014, shortly after the violent clashes between the police and protesters had ended on 21 February 2014.

Having repeatedly dismissed the applicant’s complaints about his ill ‑ treatment between March 2014 and June 2016, on 7 February 2017 the Kyiv City Prosecutor’s Office was ordered by the Pecherskyi District Court to investigate the matter. Most recently, in February 2022 the applicant’s lawyer requested the Kyiv City Prosecutor’s Office to inform him about the conduct of the investigation, but received no reply.

QUESTIONS TO THE PARTIES

1. 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 21 and 22 March 2014? Did the applicant’s alleged ill-treatment have any relation to his alleged participation in the Maidan protests (see Shmorgunov and Others v. Ukraine , nos. 15367/14 and 13 others, §§ 359-63, 21 January 2021)?

2. 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)?