CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 août 2017

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The circumstances of the cases 1.     As regards all the applications The facts of the cases, as submitted by the applicants, may be summarised as follows. Since July/August 2014 the applicants have been members of a volunteer battalion ‘Donbass’ (hereafter “the battalion”) actively involved in combat against the separatist movement in eastern Ukraine. During the hostilities the applicants’ battalion together with other formations of the Ukrainian Armed Forces took an active part in the military operation aimed at regaining the Government’s control of the town of Illovaysk, Donetsk Region (hereafter “the Battle of Illovaysk”). In the course of the Battle of Illovaysk the applicants’ battalion was surrounded in the town by the anti-government militants (hereafter “the militants”). The applicants submit that these groups had the backing of the armed forces of the Russian Federation. On 30 August 2014, after an attempt of the Ukrainian Armed Forces to recapture Illovaysk, the applicants, according to their submissions, were taken captive by the Russian Armed Forces. On the night of 30 August 2014 the applicants slept in the open air in a Russian Armed Forces camp. On 31 August 2014 the applicants were transferred to units composed of the militants. Afterwards they were taken to the former building of the Department of the Security Service of Ukraine in Donetsk Region (hereafter “the SSU premises“) where they were searched and ordered to stand in rows in the building’s inner courtyard. The scene was filmed by journalists. The applicants allege that they were verbally abused, humiliated and threatened with execution. Some of them were beaten by the militants (see   more detailed information in the attached appendix). All their personal belongings were taken from them and they were taken into the basement of the building. In front of the entrance the applicants were kicked and punched by the militants. They were also forced to trample on the Ukrainian flag. Those who refused to do this were later subjected to additional ill ‑ treatment. Subsequently, over the next few days, the militants took away the applicants’ uniforms. The majority of the applicants were held in the basement of the SSU premises until 16 October 2014, following which they were transferred to the town of Illovaysk in order to perform different kinds of reconstruction works (see details in the attached appendix). Others were detained in the basement until 3 December 2014, when they were moved to the archive storage area situated in the same building (see   more detailed information in the attached appendix). Some of them were also compelled to carry out different kinds of maintenance work on the SSU premises. The majority of the applicants were released on 26 December 2014 and those who were not released on that date were transferred to different premises (see   more detailed information in the attached appendix). 2.     As regards application no. 65346/14 In addition to the above facts, the applicant in question submitted as follows: On 19 August 2014 the applicant and several other soldiers from the battalion captured a French citizen, Y., who was accompanying the militants. During capture Y. suffered an injury to his leg. According to the applicant this happened accidentally and the injury was not a serious one. Subsequently, in the course of exchanging detainees, Y. was transferred to Donetsk. From 7-10 September 2014 the applicant was interrogated by an investigator from the so-called “Ministry of State Security of the Donetsk People’s Republic” on suspicion of causing bodily harm to Y. His actions were described as a breach of the rules on the conduct of hostilities, which was a crime under Criminal Code of the so-called “Donetsk People’s Republic”. An identity parade with the participation of the applicant and Y. was held. On 12 January 2015 the applicant was transferred to the Donetsk pre-trial detention facility (the Donetsk SIZO). On 14 January 2015 the applicant was accused of the offence specified above. On 3 June 2015 the applicant was released. COMPLAINTS The applicants complain under Article 3 of the Convention about poor conditions of their detention and about having been humiliated and ill ‑ treated on 31 August 2014 and during their detention by the militants. Referring to the above provision of the Convention the applicants (except for applications nos. 66180/14 and 66193/14) also complain that the domestic authorities failed to take the measures necessary for carrying out an effective investigation into the alleged ill-treatment. They further complain under Article 5 of the Convention about the unlawfulness of their deprivation of liberty. As regards application no. 65346/14, the applicant also complains that after he had been accused of the criminal offence of a breach of the rules on the conduct of hostilities, he was transferred to the Donetsk SIZO. As regards applications nos. 66180/14, 66193/14 and 67762/14, the applicants also complain under Article 5 § 3 of the Convention that they were detained without a court order. As regards applications nos. 60372/14, 62895/14, 63019/14, 64327/14, 65049/14, 67762/14, 67982/14, 69078/14, 69103/14 and 70165/14, the applicants complain under Article 4 of the Convention that they were made to perform forced labour. Referring to Article 13 of the Convention, the applicants (except for application no. 66180/14) complain that the respondent Governments failed to take the measures necessary to secure their Convention rights. They therefore did not have effective remedies in that respect.   QUESTIONS TO THE PARTIES 1)     As regards both Governments (all the applications, except for application no. 64327/14):   1.     Do the alleged violations of the Convention fall within the “jurisdiction” of the respondent States 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, having regard to their complaints about humiliation and ill-treatment on 31 August 2014? 3.     Were the applicants subjected to torture or inhuman or degrading treatment in detention, in breach of Article 3 of the Convention? 4.     As regards all the applications, except for application no. 65346/14, were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? 5.     As regards application no. 65346/14, was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? Did the deprivation of liberty during the period after 12 January 2015 fall within paragraph (c) of this provision? 6.     As regards applications nos. 66180/14, 66193/14 and 67762/14, do the facts complained of amount to a violation of Article 5 § 3 of the Convention? 7.     As regards applications nos. 60372/14, 62895/14, 62895/14, 63019/14, 64327/14, 65049/14, 67762/14, 67982/14, 69078/14, 69103/14 and 70165/14, do the facts complained of amount to a violation of Article 4 of the Convention? 8.     As regards all the applications, except for applications nos. 66180/14 and 66193/14, 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? 9.     As regards all the applications, except for application no. 66180/14, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention?   2)     As regards the Russian Government (application no. 64327/14):   1.     Do the alleged violations of the Convention fall within the “jurisdiction” of the respondent State within the meaning of Article 1 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 complaints about humiliation and ill-treatment on 31 August 2014? 3.     Was the applicant subjected to torture or inhuman or degrading treatment in detention, in breach of Article 3 of the Convention? 4.     Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? 5.     Do the facts complained of amount to a violation of Article 4 of the Convention? 6.     Has the investigation been carried out in respect of the applicant’s allegations of a violation of Article 3 of the Convention, as required by that provision? 7.     Did the applicant have effective remedies at his disposal in respect of his Convention complaints, as required by Article 13 of the Convention?     APPENDIX   No. Application no.   Lodged on Applicant name date of birth place of residence date of release Represented by Injuries before the detention/ medical treatment after release Material conditions Ill-treatment Forced labour Investigation into the applicants’ complaints by Ukrainian/ Russian authorities   60372/14 04/09/2014 Yosyp Vasylyovych PONOMARENKO 02/07/1982 Ilovaysk     26 December 2014 Oleg Igorovych VEREMIYENKO   --- / --- 1. Before 16 October 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded, with insufficient sleeping spaces. It consisted of 7-8 rooms measuring 200 square metres. In certain rooms there was water on the floor, so the detainees (initially approx 111 persons) were held in the remaining ones. The applicant and other detainees had to sleep in turns; sometimes 4-5 persons shared one sleeping space. - The basement was poorly ventilated and damp; there was no daylight; the sewer and the toilet became blocked, which caused an unpleasant smell. There was a tap and a wash-stand but the water was not drinkable. - No soap was provided. On 20 September 2014 the applicant was allowed to take a cold shower for the first time. - During approx. 20 days of captivity the applicant was not allowed to take a walk in the fresh air. - During the first two days the applicant received only one portion of soup, which tasted of petrol. Subsequently, he was given a small portion of porridge (150-200 g) and one piece of bread twice per day. Sometimes he and the other detainees were not given any food at all. 2. Between 16 October and 26 December 2014: the applicant was held in a partly ruined building, with no beds (the applicant made a bed for himself from a wooden box). 1. On 31 August 2014 during the search of the yard of the SSU premises, the applicant was punched several times by one of the locals. 2. Each time when taken for interrogation, the applicant was punched and kicked by the guards. 3. During the first two weeks the applicant and other detainees were woken up several times during the night and threatened with execution; some detainees were beaten.   From 16 October 2014, every day from 8 a.m. till 4 p.m., building repairs, collection of waste. Criminal proceedings were instituted on 2 September 2014 / On 30 March 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. On 19 June 2015 he received a response with the recommendation to submit his complaint to the Ukrainian authorities.   62832/14 18/09/2014 Igor Anatoliyovych NAGORNYY 05/12/1994 Donetsk     26 December 2014 Oleg Igorovych VEREMIYENKO --- / --- 1. Before 16 October 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded; some of the prisoners had to sleep on the concrete floor. - The basement was poorly ventilated and damp; the applicant did not have access to daylight or water; the sewer became blocked. - For the first month of captivity the applicant was not allowed to take a walk in the fresh air. - Once a day (later – twice) the applicant was given a small portion of porridge (sometimes containing sand, grit and petrol) and one piece of bread. 2. Between 16 October and 26 December 2014: the applicant was held in a partly ruined building; he was given food twice per day; although from October to December 2014 it was quite cold, the applicant did not have warm clothes and none were provided. Sometimes he was placed into a “penalty pit” for failure to do certain work. The applicant was frequently beaten by the militants and forced to do vigorous physical exercises. From 16 October 2014, every day from 9 a.m. till 5 p.m., building repairs. Criminal proceedings were instituted on 14 September 2014 / On 7 April 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. On 19 June 2015 he received a response with the recommendation to submit his complaint to the Ukrainian authorities..   62895/14 18/09/2014 Oleksiy Yosypovych MOROZ 20/07/1978 Pidgorodne     26 December 2014 Oleg Igorovych VEREMIYENKO   --- / Chronic gastritis, concussion causing hearing loss (as a result of the injury sustained on 29 August 2014), osteochondrosis, retinal angiopathy of both eyes. 1. Before 16 October 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded, with insufficient sleeping spaces. It consisted of 7-8 rooms measuring 200 square metres. In certain rooms there was water on the floor, so the detainees (initially approx. 111 persons) were held in the remaining ones. The applicant and other detainees had to sleep in turns; sometimes 4-5 persons shared one sleeping space. - The basement was poorly ventilated and damp; it did not have access to daylight; the sewer and the toilet became blocked, which caused an unpleasant smell. There was a tap and a wash-stand but the water was not drinkable. - No soap was provided. On 20 September 2014 the applicant was allowed to take a cold shower for the first time. - During around 20 days of captivity the applicant was not allowed to take a walk in the fresh air. He got out of the building for the first time when the toilet became completely blocked and it became impossible to use it anymore. - During the first two days the applicant received only one portion of soup, which tasted of petrol. Subsequently, he received a small portion of porridge (150-200 g) and one piece of bread twice per day. Sometimes he was not given any food at all. 2. Between 16 October and 26 December 2014: the applicant was held in a partly ruined building, without beds (the applicant made a bed for himself from a wooden box). 1. At the end of September 2014 the applicant and the other 9 detainees were taken out of their cell, ordered to stand against the wall and interrogated by the guards. During the interrogation they were beaten with a rubber truncheon. The guards hit the applicant on the trunk and legs. When they saw that he had a tattoo, they shot the applicant twice in both hands with an airgun. 2. While being taken to the interrogation room some detainees were beaten by the guards. 3. During the first two weeks the applicant and other detainees were woken up several times during the night; some were beaten.   From 16 October 2014, every day from 8 a.m. till 4 p.m., building repairs, collection of waste. Criminal proceedings were instituted on 15 September 2014 / The applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   63019/14 18/09/2014 Oleksandr Sergiyovych STAROVOYTOV 30/07/1990 Donetsk region       26 December 2014   Alina Viktorivna PAVLYUK --- / Certain post-traumatic disorders (caused by repeated chest and lower back spine section injuries between September and December 2014), light malfunction of the acoustic system, scoliosis, osteochondrosis, etc. 1. Before 16 October 2014 (basement of the SSU premises): - The detainees (more than 100 men) were held in 4 rooms in which there were 20-22 sleeping spaces. 6 persons had to share one sleeping space; sometimes the applicant had to sleep on the floor. - The basement was poorly ventilated (the ventilation was repaired only after one month) and did not have access to daylight. A dim artificial light was permanently turned on. The toilet drainpipes became blocked very quickly and the detainees had to use bucket instead. There was a tap and a wash-stand. - The applicant was given a small portion of porridge (approximately 150 g) and one piece of bread per day. 2. Between 16 October and 26   December 2014: the applicant was held in a partly ruined building with insufficient sleeping spaces. Some of the detainees had to sleep on the floor or on wooden ammunition boxes. 1. From time to time the applicant was beaten. In particular, the guards took groups of detainees (usually 10 persons) out of the cell and ordered them to stand against a wall, where they beat them with rubber truncheons, and punched and kicked them on different parts of the body. 2. During one of interrogations the applicant was hit several times on the ear. As a result, the applicant now suffers from hearing problems. 3. The applicant was compelled to collect unexploded munitions.   From 16 October 2014, every day from 8 a.m. till 4 p.m., building repairs, collection of waste and unexploded munitions. Criminal proceedings were instituted on 1 September 2014 / On 29 January 2016 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   64327/14 26/09/2014 The applicant refused to maintain his application in part concerning Ukraine Oleksandr Dmytrovych DUDARENKO 14/04/1961 Kyiv       26 December 2014   Oleg Igorovych VEREMIYENKO --- / After release the applicant was examined in hospital. He was diagnosed with numerous post-traumatic disorders caused by the injury received on 24 August 2014 and by alleged ill-treatment in captivity. As a result of his detention the applicant allegedly lost 20 kg. 1. Before 16 October 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded, with insufficient sleeping spaces. The applicant and other detainees (approx. 108 men) had to sleep in turns: there were 4-5 persons per sleeping space. Some of them slept on the floor or in a sitting position. - The basement was damp, stuffy, poorly ventilated (the ventilation was repaired only after one month) and did not have access to daylight. The toilet drainpipes became blocked on the second day and this caused an unpleasant smell. - The detainees were not given any toiletries. Initially they could not wash themselves. There was one tap and a wash-stand, but the tap water sufficed only to wash hands and face. Subsequently, they were allowed to take a cold shower once a week. - Initially the applicant was not given any food; subsequently, he was given one portion of soup per day, which tasted of petrol. Later the applicant was given a small portion of porridge and one piece of bread per day. The applicant and the other detainees did not have their own plates, cups or cutlery. Instead, before each meal they were given 10 single-use plates and spoons. Since the time allowed for the meal was restricted by the guards to half an hour, several detainees had to eat from the same plate without getting it washed. 2. Between 16 October and 26 December 2014: the applicant was held in a partly ruined building with insufficient sleeping spaces. Some of the detainees had to sleep on the floor or on wooden ammunition boxes. They had to cook food on a bonfire. 1. During interrogations (2 or 3) the applicant was punched, kicked, hit with a rubber truncheon, shot at with an airgun; he was repeatedly verbally abused and threatened with the infliction of bodily injuries and execution. 2. The detainees were frequently beaten in the cells. Some of them were forced to do physical exercises (numerous press-ups and squats). While doing the exercises they were beaten. 3. The applicant was compelled to collect unexploded munitions. From 16 October 2014, six days per week from 9 a.m. till 4 p.m., building repairs, collection of waste and unexploded munitions (once). Criminal proceedings were instituted on 4 October 2014 / On 7 April 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   64457/14 26/09/2014     Vitaliy Igorovych OLESHKO 16/09/1975 Berdyansk       23 February 2015   Oleg Igorovych VEREMIYENKO On 29 August 2014 in the course of hostilities the applicant suffered a shrapnel wound to his right leg. / After release he was examined in hospital: arthrosis of the right foot, chronic cholecystitis and diffusive changes in his pancreas were diagnosed. 1. Before 3 December 2014 (basement of the SSU premises): - The basement was overcrowded, with insufficient sleeping spaces. 111 detainees were held in 6 rooms measuring 200 square metres. 2-3 persons shared one sleeping space (80 centimetres wide). Some of the detainees had to sleep on the floor or in a sitting position. - The basement was poorly ventilated and damp. The toilet drainpipes became blocked during the first three days and the detainees had to use bucket instead. - There was one tap and a wash-stand in the basement. Initially the detainees were not given any toiletries. Subsequently, they were given one piece of soap for all of them. From the beginning of October 2014 they began to receive the necessary toiletries. - During the first two days the applicant was given only one portion of soup, which tasted of petrol. Subsequently, he was given a small portion of porridge (150-200 g, sometimes containing grit and small pieces of rubbish) and one piece of bread twice per day. After 16 October 2014 the portions of porridge became bigger as a number of the prisoners were sent to Illovaysk to carry out reconstruction work. 2. Between 3 and 26 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant and other detainees slept on shelving intended for storing archived documents. 3. Between 26 December 2014 and 23 February 2015 : The applicant and other detainees were held in a small room measuring approx. 25 square metres. There were no windows. There were only shelves for archive storage in the room, which the prisoners used as beds. 1. The applicant was interrogated on more than twenty occasions. During the interrogations he was frequently kicked, punched and beaten with a rubber truncheon on the trunk and legs. He was threatened with execution. 2. In about mid-September during one of the interrogations, militants took photos of all the detainees including the applicant. According to the applicant he was asked to take off part of his clothing, whereupon the militants saw his tattoo: the Ukrainian national coat of arms with two flags (blue and yellow and red and black). Because of the tattoo the applicant was subsequently beaten every two days. 3. The applicant was frequently forced to do physical exercises (200-300 press-ups and squats each time). On 15 September 2014 he was made to do 1000 squats.   --------------- Criminal proceedings were instituted on 4 September 2014 / On 11 March 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. On 18 June 2015 he received a response with the recommendation to submit his complaint to the Ukrainian authorities.   64912/14 30/09/2014 Ivan Mykolayovych SMOLYANYY 31/10/1968 Kiev       31 January 2015 Oleg Igorovych VEREMIYENKO On 26 August 2014 in the course of hostilities the applicant suffered a blast injury. / After release the applicant was examined in a hospital: concussion (suffered as a result of the blast injury on 26 August 2014), chest and spine injuries including consolidated rib fractures (caused by alleged ill-treatment in captivity) and cholecystitis were diagnosed. 1. Before 3 December 2014 (basement of the SSU premises): - The basement was overcrowded, with insufficient sleeping spaces. 111 detainees were held in 6 rooms measuring 200 square metres. Usually 2-3 persons shared one sleeping space (80 centimetres wide). Some of the detainees had to sleep on the floor. - The basement was poorly ventilated and damp. The toilet drainpipes became blocked during the first three days and the detainees had to use bucket instead. - In the basement there was one tap and wash-stand. Initially the detainees were not given any toiletries. Subsequently they received one piece of soap for all detainees. From the beginning of October 2014 they began to receive the necessary toiletries. - During the first two days the applicant received only one portion of soup, which tasted of petrol. Subsequently, he was given small portion of porridge (150-200 g, sometimes containing stones and small pieces of rubbish) and one piece of bread twice per day. After 16 October 2014 the portions of porridge became bigger since some of the prisoners were sent to Illovaysk for reconstruction work. 2. Between 3 and 26 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant slept on shelving intended for archived documents. 3. Between 26 December 2014 and 31 January 2015 : The applicant and other detainees were held in a small room measuring approx. 25 square metres. There were no windows. In the room there was only shelving intended for archived documents on which the applicant and other detainees had to sleep. 1. Whilst held on the SSU premises the applicant and other detainees were permanently subjected to severe psychological pressure (especially during the initial period), threatened with execution, and prevented from sleeping. At any time the guards would come into the cell and beat the prisoners. 2. On 4 November 2011 while being taken back from the toilet he was hit once on his knee. Later that day he was taken by the guards to a separate room and ordered to stand against the wall. Afterwards four militants started beating him with a rubber truncheon, punching and kicking. He was twice hit on the head. As he felt unwell he was given a pill and water, after which the militants continued to beat him. At a certain point he fell to the floor, following which they started stamping on him. As a result the applicant suffered injuries and had, among other things, three broken ribs. 3. The applicant was forced to do physical exercises (200-300 press-ups and squats each time).   --------------- Criminal proceedings were instituted on 25 September 2014 / On 11 March 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   65021/14 30/09/2014 Oleksiy Viktorovych FOKIN 04/11/1981 Kyiv     21 February 2015 Oleg Igorovych VEREMIYENKO   After release the applicant was examined in a hospital: certain post-traumatic disorders (resulting from injuries suffered in the course of hostilities) were diagnosed. 1.     Before 3 December 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded, with insufficient sleeping spaces. It consisted of 7-8 rooms measuring 200 square metres. In some of the rooms there was water on the floor, so the detainees (initially around 110 persons) were held in the remaining ones. The applicant and other detainees had to sleep in turns, sometimes 4-5 persons shared one sleeping space. - The basement was poorly ventilated and damp; it did not have access to daylight; the sewer and the toilet became blocked, which caused an unpleasant smell. - There was a tap and a wash-stand; water was of poor quality. In the mid-October 2014 the detainees were allowed to take a cold shower for the first time. After January 2015 the detainees had a hot shower once a week. - Most of time the applicant was not allowed to take walks in the fresh air. - During the first two days the applicant received only one portion of soup, which tasted of petrol. Subsequently, he was given a small portion of porridge (150-200 g, sometimes containing grit and small pieces of rubbish) and one piece of bread twice per day. Before receiving food, the detainees were given 10 single-use forks and plates for the whole group. After a number of prisoners (approx.70 persons) were sent to Illovaysk for reconstruction work in mid-October 2014, the portions of food became bigger and some fat was added to the porridge; sometimes the detainees would receive onions, garlic and sugar. 2.     Between 3 and 26 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant and other detainees slept on metal shelving intended for archived documents. The artificial light was permanently turned on. 3.     Between 26 December 2014 and 21 February 2015 : The applicant and other detainees were held in a small room without windows. There was only shelving intended for archived documents on which the applicant and other detainees had to sleep. 1. Whilst held on the SSU premises the applicant and other detainees were permanently subjected to severe psychological pressure (especially during the initial period) and prevented from sleeping. At any time the guards would come into the cell and beat the detainees. 2. The applicant was interrogated on five occasions. During some interrogations he was hit several times. 3. Once the applicant was hit heavily on his knee, after which he limped for some time. 4. Each time the detainees were taken to the toilet they were made to do 200-300 press-ups and squats. 5. On approximately five occasions the applicant was compelled to do some work (mainly collection of waste).   ----------------- Criminal proceedings were instituted on 28 September 2014 / On 2 June 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   65049/14 30/09/2014 Artem Oleksandrovych KHORUNZHYY 15/11/1981       26 December 2014   Oleg Igorovych VEREMIYENKO ----/---- 1.     Before 16 October 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded, with insufficient sleeping spaces. It consisted of 7-8 rooms measuring 200 square metres. In some of the rooms there was water on the floor, so the detainees were held in the remaining ones. The applicant and other detainees had to sleep in turns, sometimes 4-5 persons shared one sleeping space. - The basement was poorly ventilated, stuffy and damp; it did not have access to daylight; the sewer and the toilet became blocked, which caused an unpleasant smell. - There was a wash-stand and a tap where the detainees could get water. In the mid-October 2014 the detainees were allowed to take a cold shower for the first time. - Most of time the applicant was not allowed to take walks in the fresh air. - The applicant received a small portion of porridge (sometimes containing grit and small pieces of rubbish) and one piece of bread twice per day. On rare occasions the detainees were given soup, which tasted of petrol. 2.     Between 16 October and 26 December 2014: the applicant was held in a partly ruined building with insufficient sleeping spaces. The detainees had to sleep on wooden ammunition boxes and cook food on a bonfire 1. Whilst held on the SSU premises the detainees were permanently subjected to severe psychological pressure and threatened with execution. At any time the guards would come into the cell and beat the detainees. 2. On 31 August 2014 during the search of the yard of the SSU premises, the applicant was punched in the stomach and head several times. He was also shot in the leg with a non-lethal gun (a “stun gun”).   From 16 October 2014, five days per week from 9 - 10 a.m. till 3 p.m., building repairs, collection of waste and unexploded munitions. Criminal proceedings were instituted on 18 September 2014 / On 30 March 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. On 22 June 2015 he received a response with the recommendation to submit his complaint to the Ukrainian authorities.   65346/14 02/10/2014 Dmytro Oleksandrovych KULISH 15/06/1977 Kyiv         3 June 2015 Alina Viktorivna PAVLYUK On 29 August 2014 the applicant suffered bodily injuries and a blast injury. / After release the applicant was examined in a hospital. He was diagnosed with numerous post-traumatic disorders caused, among other things, by the blast injury suffered in August 2014 and by injuries allegedly sustained in September 2014 as the result of ill-treatment. While in captivity the applicant lost about 66 kilos, amounting to half of his body weight. 1.     Before 3 December 2014 (basement of the SSU premises): - The basement consisted of 8 rooms measuring 150 square metres where 111 detainees were held. The detainees slept in turns; 2 persons had to share one sleeping space. - During the first few days the applicant did not receive any food. Subsequently, he was given a small portion of porridge (150 g; sometimes it was made of rotten grain; some of the guards spat into the bowl containing porridge for the detainees) and one piece of bread twice per day. After a number of prisoners (70 persons) were sent to Illovaysk for reconstruction work in mid-October 2014, the food became better; from time to time the detainees received oil, salt and sugar. - In the basement there was a wash-stand and a tap where the detainees could get water. 2.     Between 3 December 2014 and 12 January 2015 (archives of the SSU premises): On 3 December 2014 the applicant and 26 other detainees were transferred to the archive storage area. The room where they were held measured approx. 25 square metres. Most of the space was occupied by shelving for archived documents. Since there was no toilet in the room, two or three times per day the detainees were taken to the toilet outside the building. 3.     Between 12 January and 3 June 2015 (the applicant was held in the Donetsk SIZO) : the cell was unheated and measured 6 square metres. From 16 January 2015 the applicant was held with a cellmate. Every day the guards carried out searches of the applicant’s cell. 1. On 31 August 2014 during the search of the yard of the SSU premises the applicant was lightly stabbed with a knife in the left foot. 2. The applicant was frequently beaten. 3. On the night of 4 September 2014 the applicant was taken to a ground floor room. In that room 6-8 militants started severely beating him. The applicant was kicked and punched, hit with truncheons, buttstocks and iron bars. As the result of that incident he suffered numerous injuries to his pelvis, backbone, rib, head and leg; he had his left wrist and two fingers broken; he could not feel his legs and could not walk for about a month. The applicant did not receive any medical treatment. After some time he was occasionally provided with symptomatic treatment (mainly painkillers). 4. After his transfer to the Donetsk SIZO the applicant was beaten by the guards. He was punched, kicked and hit with a truncheon. As the result he sustained injuries to his head and had a fractured breastbone. 5. In the Donetsk SIZO during the regular searches of the cell the applicant was on several occasions beaten with a truncheon. ----------------- Criminal proceedings were instituted on 1 October 2014 / On 19 November 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   66180/14 07/10/2014     Eduard Leonidovych SHLYAKOV 10/11/1962 Viktorovka       26 December 2014   Alina Viktorivna PAVLYUK ----/---- 1.     Before 16 October 2014 (basement of the SSU premises): - The applicant was held in a room measuring approximately 12 square metres together with about 24 other detainees. The detainees slept on metal shelving. Since the number of sleeping spaces (on the shelving) was insufficient, the applicant had to sleep in a sitting position. Some detainees slept on the floor. There were no mattresses or bed linen. - The toilet was outside the building and detainees were taken there once a day. Otherwise they had to urinate and defecate into the sewer. Since the drainpipes were permanently blocked, the detainees collected the excrement and poured it out in the most distant room of the basement. - There was one wash-stand and a tap where the detainees could get water. During the first three days the applicant received only one portion of soup, which tasted of petrol. Subsequently, he was given a small portion of dry porridge (sometimes containing grit and small pieces of rubbish) twice per day. 2.     Between 16 October and 26 December 2014: the applicant was held in a partly ruined building; the number of sleeping spaces was insufficient. The detainees had to sleep on the tables or wooden ammunition boxes; they were not given any mattresses or bed linen and had to cook food on a bonfire. During the above period the applicant was compelled to do building repairs and to collect waste.     1. On 31 August 2014 during the search of the yard of the SSU premises the applicant was several times hit with the rifle butt, kicked and punched. Afterwards the militants tried to force him to trample on the Ukrainian flag. When he refused, they beat him with rifle butts until he lost consciousness. 2. Whilst held on the SSU premises the detainees were permanently subjected to severe psychological pressure, and threatened with execution. At any time the guards would come into the cell and beat the detainees. In particular, the applicant was on approx. ten occasions beaten with a rubber truncheon and rifle butt as well as being threatened with execution. He was forced to do physical exercises (press-ups and squats) until he became fully exhausted. As soon as he stopped, the militants started hitting his legs with rubber truncheons. 3. Once the applicant was heavily beaten in the course of interrogation.   ------------------- Ukrainian law-enforcement authorities instituted criminal proceedings on 1   October 2014 / The applicant has not raised any complaints. There is no information as to any investigations.   66193/14 07/10/2014     Stanislav Igorovych PAVLOV 14/07/1969 Kharkiv         31 January 2015 Igor Vladimirovich MARUSENKO   ----/---- 1.     Before 16 October 2014 (basement of the SSU premises): - The applicant was held in a room measuring approximately 24 square metres with about 24 other detainees. Most of the detainees slept on the metal shelving. Since the number of sleeping spaces (on the shelving) was insufficient the applicant had to sleep on a concrete floor. There were no mattresses or bed linen. - The toilet was outside the building and detainees were taken there once a day. Otherwise they had to urinate and defecate into the sewer. Since the drainpipes were permanently blocked, the detainees had to collect the excrement and pour it out in the most distant room of the basement. - There was one wash-stand and a tap where the detainees could get water. During the first three days the applicant was given only one portion of soup, which tasted of petrol. Subsequently, he was given a small portion of dry porridge (sometimes containing grit and small pieces of rubbish) twice per day. 2.     At a certain point in 2014 the applicant was transferred to the archive storage area of the SSU premises, where he was held until his release on 31 January 2015: The applicant and 24 other detainees were held in a room measuring about 20 square metres (as indicated on the application form. According to the applicant’s supplementary explanations it measured 12 square metres). Since there was no toilet in the room, the detainees were taken outside twice per day. Otherwise they had to urinate into a plastic bottle. There was no access to water in that room. 1. On 31 August 2014 during the search of the yard of SSU premises the applicant was punched and kicked several times. 2. Whilst held on the SSU premises the detainees were permanently subjected to severe psychological pressure and threatened with execution. At any time the guards would come into the cell and beat the detainees. In particular, on about three or four occasions the applicant was beaten with a rubber truncheon and a rifle butt as well as being threatened with execution. He was forced to do physical exercises (press-ups and squats) until he became fully exhausted. As soon as he stopped the militants started hitting his legs with rubber truncheons. 3. On about ten occasions the applicant was interrogated. During those interrogations he was severely beaten with a rubber truncheon on his legs and back.   ------------------- There is no information as to any investigations. / The applicant has not raised any complaints. There is no information as to any investigations.   67658/14 15/10/2014 Oleksandr Grygorovych DEYNEGA 20/07/1983 Sofiyivska Borshchagivka       26 December 2016 Alina Viktorivna PAVLYUK ----/---- 1.     Before 3 December 2014 (basement of the SSU premises): - The basement where the applicant was held was overcrowded, with insufficient sleeping spaces. It measured 200 square metres and consisted of 6 rooms, two toilets and two technical rooms (housing an emergency generator and the ventilation system). 111 detainees were held in the above rooms. Since there were only 24-28 sleeping spaces, 2-3 persons shared one sleeping space at the same time (or 5-7 if they slept in a sitting position). Some detainees had to sleep on the floor and some did not sleep for several days in a row. - There was one wash-stand and a tap where the detainees could get cold water. There were several toilets but the drainpipes became blocked and the detainees had to use bucket instead. The ventilation system in the basement broke down. Because of this there was always an unpleasant smell in the rooms where the detainees were held. After two months of detention the detainees were forced to build a temporary toilet outside the building, where they were taken twice per day. - Initially the detainees were not given any toiletries. The applicant was allowed to wash himself for the first time in October 2014: 15 detainees were brought into a cold room with one bath and a tap with cold water and given 30 minutes to wash themselves. Only after two months were the detainees allowed to take a “normal” shower. - During the first two days the applicant was given only one portion of soup, which tasted of petrol. Subsequently, he was given a small portion of porridge (150-200 g, sometimes containing grit and small pieces of rubbish) without salt/oil/butter and one piece of bread twice per day. Before their meal the detainees were given 10 single-use plates and spoons. Since the time allowed for the meal was restricted by the guards to half an hour, several detainees had to eat from the same plate and with the same spoon without getting it washed. After mid-October the portions of food became bigger. After mid-December the applicant was given soup and pasta (without salt or oil) instead of porridge. - During the above period detainees were provided only with symptomatic treatment (usually painkillers) and vitamins. They were provided with very few bandages and antiseptics. During the period preceding their release the detainees regularly underwent medical examinations which were very superficial. 2. Between 3 and 26 December 2014 (archives of the SSU premises): 25 detainees were held in a room measuring 50 square metres. The room was unheated. The applicant slept on a makeshift bed on shelving intended for archived documents. 1. The applicant was interrogated on about 12-16 occasions. During the initial interrogations he was regularly beaten (usually punched and kicked), “physically and psychologically ill-treated” and “humiliated”. 2. The applicant was also subjected to physical ill-treatment by the guards (on most occasions they were drunk). At any time the guards would come into the cell and beat the detainees. They would also take them (usually in groups of 10) out into the corridor, put them against the wall and start beating in turns. They punched and kicked the detainees and hit them with rubber truncheons. Sometimes they shot at them with airguns. Those detainees who were not sent to Illovaysk on 16 October 2014 (including the applicant) suffered more ill-treatment than the others. 3. The applicant was forced to do press-ups and squats (more than 200 repetitions).   ------------------- Criminal proceedings were instituted on 2 October 2014 / On 13 March 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. On 18 June 2015 he received a response with the recommendation to submit his complaint to the Ukrainian authorities.   67762/14 10/10/2014 Nikolay Nikolaevich KUKHARETS 07/11/1973 Vcherayche         26 December 2014   Alina Viktorivna PAVLYUK On 29 August 2014 in the course of hostilities the applicant sustained a blast injury and numerou