Published on 20 November 2023

FIFTH SECTION

Application no. 25753/18 Mark Yuriyovych MELNYK against Ukraine lodged on 23 May 2018 communicated on 30 October 2023

SUBJECT MATTER OF THE CASE

The applicant was allegedly ill-treated and injured by the police on 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. Relying essentially on Articles 3 and 11 of the Convention, the applicant complains that he was ill-treated because of his exercise of the right of peaceful assembly and that no effective official investigation was conducted into that matter.

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 18 February 2014 (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)?

3. 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 18 February 2014 (see Shmorgunov and Others , cited above, §§ 490-94)?