CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 août 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s6DB91820 { text-align:center } .s25B97BCD { margin-right:auto; margin-left:auto; border:0.75pt solid #808080; border-collapse:collapse } .sF5C9E8B1 { height:46.3pt } .sD1CDDC62 { border-right:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top; background-color:#e0e0e0 } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } .s2490CDBC { border-right:0.75pt solid #808080; border-left:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top; background-color:#e0e0e0 } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .s8DB21C27 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center; font-size:8pt } .s26ADB50A { border-left:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top; background-color:#e0e0e0 } .sFD306575 { height:35.55pt } .s2F4AF114 { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s6CF83D49 { margin-left:11.67pt; padding-left:6.18pt; font-family:Arial; font-size:8pt; font-weight:bold } .s898DAE93 { border:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sA0B2759 { margin-top:0pt; margin-left:0.45pt; margin-bottom:0pt; text-indent:-0.45pt; text-align:justify; font-size:8pt } .sB71F2881 { border-top:0.75pt solid #808080; border-left:0.75pt solid #808080; border-bottom:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sBCA334AF { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s7CB6920E { border-top:0.75pt solid #808080; border-right:0.75pt solid #808080; border-left:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s62945D10 { border-top:0.75pt solid #808080; border-left:0.75pt solid #808080; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top }   Communicated on 28 August 2017   FIRST SECTION Application no. 64776/14 Igor Petrovych KOLOMIYETS against Ukraine and Russia and 8 other applications (see list appended) statement of facts The applicants are nine Ukrainian nationals whose particulars are set out in the appendix. The facts of the cases, as submitted by the applicants, may be summarised as follows. A.     The circumstances of the cases 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 2 or 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 around the building. The majority of the applicants were released on 26 December 2014 (see   more detailed information in the attached appendix). 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. They further complain under Article 5 of the Convention about unlawfulness of their deprivation of liberty. As regards applications nos. 64776/14, 73378/14, 67651/14 and 67366/14, applicants also complain under Article 4 of the Convention that they were required to perform compulsory labour. Referring to Article 13 of the Convention, the applicants complain that the respondent Governments failed to take necessary measures with a view to securing their Convention rights. In particular, they submit that the domestic authorities either refused to institute an investigation concerning the above violations or that the investigation instituted was ineffective.     QUESTIONS TO THE PARTIES 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.     Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? 5.     As regards applications nos. 64776/14, 73378/14, 67651/14 and 67366/14, do the facts complained of amount to a violation of Article 4 of the Convention? 6.     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? 7.     Did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention?       APPENDIX No. Application no. Lodged on Applicant name date of birth date of release Represented by Injuries before the detention/ medical treatment after release Material conditions Ill-treatment Forced labour Investigation into the applicant’s complaints by Ukrainian/Russian authorities   64776/14 30/09/2014 Igor Petrovych KOLOMIYETS 20/06/1965     26 December 2014     Oleg Igorovych VEREMIYENKO On 29 August 2014 - fragmentation wound/ the applicant was diagnosed with psychological condition.. Before 16 October 2014 (basement of the SSU premises): For the first month the applicant was not allowed to leave the basement. More than hundred persons were held in one room. Some of them slept on the floor. There was no daylight and access to water, the place was poorly ventilated and damp, the sewer got blocked. Once per day (later – twice) the applicant received a small portion of porridge and piece of bread. During one of the interrogations the applicant was severely beaten and suffered multiple injuries. He was not provided with medical treatment. From 16 October 2014, every day from 9 a.m. till 5 p.m., building repairs, collection of waste Instituted on 05 September 2014 / On 08 April 2015 the applicant lodged a complaint with the Investigative Committee of Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   65728/14 03/10/2014 Maksym Anatoliyovych FINOGIN 09/06/1970     31 January 2015   Oleg Igorovych VEREMIYENKO - / sleep problems, spinal disc hernia Before 03 December 2014 (basement of the SSU premises): - The basement was overcrowded. The applicants had to sleep in turns, sometimes 3 – 4 persons slept on one sleeping space. There was one toilet which got blocked. There was a tap and a washing stand but the water was non-potable. In October 2014 the applicant was for the first time given a piece of soap. Towards the end of October 2014 he was for the first time allowed to wash himself in cold water. Initially there were no tooth brushes. During the first month of captivity the applicant was not allowed to have a walk in fresh air. - On the first day the applicant was not provided with any food. On the next day he received a soup which tasted of gas oil. Subsequently, the applicant was given food twice per day: a small portion of the same porridge (150 – 200 g, sometimes containing sand) and a piece of bread. In November the nutrition improved since the portions became bigger. No one was provided with necessary medical treatment. After 03 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant slept on the shelves for archive documents. As the result of his detention the applicant lost 15 kg of weight. - On 31 August 2014 during the search in the SSU premises the applicant was punched several times. - During several interrogations he was beaten. - The applicant was several times beaten by the guards. They punched and kicked him in the corpse and legs, sometimes hit with a rubber truncheon. - The applicant was repeatedly forced to squat hundreds of times under the threat of being killed. - The applicant was compelled to do some maintenance work (cleaning and sweeping) over the entire period of his detention. ----- Instituted on 28 September 2014 / On 27 May 2015 the applicant lodged a complaint with the Investigative Committee of Russian Federation. There has been no response.   66533/14 08/10/2014 Vitaliy Stepanovych YATSYK 01/07/1979     26 December 2014   Oleg Igorovych VEREMIYENKO - / after release the applicant was diagnosed with gastritis and cervical osteochondrosis Before 03 December 2014 (basement of the SSU premises): - The captives were held in 3 rooms measuring 200 square metres. It was poorly ventilated, overcrowded and there was no daylight. The amount of sleeping places was insufficient. The sewer and the toilet got blocked already on the first day. - Once per day (later – twice) the applicant received a small portion of porridge (150 – 200 g with sand and small stones) and one piece of bread. Sometimes the detainees received a soup which tasted of gas oil). Once the applicants were not given food for the whole day. In the middle of October 2014 the nutrition became a little better. After 03 December 2014 (archives of the SSU premises): The applicant slept on a makeshift bed made of shelves for archive documents. - During the first interrogation the applicant was beaten with a rubber truncheon, computer cable and punched. After that the applicant could hardly move for several days. On 4 or 5 occasions the applicant was beaten by a militant nicknamed “Adrenalin”. He ordered the applicant to stand against the wall and hit him with a rubber truncheon till the applicant fell down. --- Instituted on 29 October 2014 / On 23 March 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   66595/14 30/09/2014 Andriy Oleksandrovych POGORYELOV 09/09/1980     26 December 2014     Oleg Igorovych VEREMIYENKO --- / --- Before 03 December 2014 (basement of the SSU premises): - For the first two weeks the applicant was not allowed to leave the basement. The place was overcrowded (7 rooms measuring 200 square metres for all captives), some detainees had to sleep on the floor. It was poorly ventilated and damp, there was only one washstand. - Once per day (later – twice) the applicant received a small portion of porridge (sometimes containing sand) and a piece of bread. After 03 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant slept on a makeshift bed made of shelves for archive documents. - While in detention the applicant was severely beaten several times by the militants. As the result he had several broken ribs. - During the time spent in captivity the applicant was forced to do press-ups and squats each time he was allowed to go to the toilet (hundreds of repetitions each time).   --- Instituted on 01 October 2014 / On 19 May 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   66611/14 08/10/2014 Igor Oleksandrovych SUKHOV 23/02/1987     21 February 2015   Oleg Igorovych VEREMIYENKO --- / the applicant underwent a knee surgery for injury sustained in October 2014 Before 03 December 2014 (basement of the SSU premises): - The basement where the applicant was held consisted of 6 – 7 rooms measuring 200 square metres. There was no daylight, it was poorly ventilated, damp, cold and overcrowded. Since there was not enough sleeping space, the detainees had to sleep in turns. - There was one toilet, one washstand and a tap with dirty water. Only after one month of captivity the applicant and the other captives were allowed for the first time to wash themselves with cold water. The applicant received twice per day a small portion of porridge and a piece of bread. After a number of the detainees were sent to Illovaysk on 16 October 2016, the nutrition became a little better and the applicant could take a shower once per week. After 03 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant slept on a makeshift bed made of shelves for archive documents. - During one of the interrogations the applicant was punched several times and had his tooth broken. - Once the applicant along with the other captives were taken out of their cell and ordered to stand against the wall. Afterwards they were beaten with a rubber truncheon. The militants usually hit them in the area of kidneys and lower part of body, especially in their knees. As the result he received serious knee injury. He was not provided with necessary medical treatment. - When the applicant and other captives were allowed to go to the toilet, on each occasion they were made to do 200 – 300 press-ups and squats.   --- Instituted on 01 October 2014 / On 03 August 2015 the applicant lodged a complaint with the Investigative Committee of Russian Federation. There has been no response.   67366/14 14/10/2014 Ruslan Mykolayovych SHEVCHENKO Bila Tserkva     26 December 2014   Oleg Igorovych VEREMIYENKO On 29 August 2014 - fragmentation wound / --- Before 16 October 2014 (basement of the SSU premises): - There were 110 captives held in the premises measuring 200 square metres. There were only 24 sleeping spaces and the captives had to sleep in turns. Some of them slept on chairs and tables. - There was one toilet, which got blocked already on the first day (a new toilet was built outside the building in mid-September), and one wash stand. - The basement was damp and unventilated, there was no daylight. - During the first two weeks the applicant was not allowed to leave the basement. Since mid-September the applicant was taken outside only to go to the toilet. The conditions were unsanitary; the applicant did not have soap and tooth brush. - The applicant (as well as the others) was not given food during the first day. Subsequently, he received twice per day a small portion of porridge (without salt and oil, sometimes containing sand and some small waste) and one piece of bread. Sometimes he received a soup tasting of gas oil. - The applicant was not allowed to contact his relatives. After 16 October 2014: On 16 October 2016 the applicant together with about 70 other captives was sent to Illovaysk to reconstruct the town. The applicant was held in a partially ruined building. It was overcrowded; some people had to sleep on the floor or wooden boxes.   During captivity the applicant was several times beaten by the militants. Twice he was taken to mock executions.   since 16 October 2014, every day from 9 a.m. till 5 p.m., reconstruction works Instituted on 09 October 2014 / On 13 May 2015 the applicant lodged a complaint with the Investigative Committee of Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   67651/14 15/10/2014 Andriy Oleksandrovych DRYGAYLO 12/04/1965     21 February 2015   Alina Viktorivna PAVLYUK On 29 August 2014 the applicant was injured as the result of shell explosion. Before 16 October 2014 (basement of the SSU premises): - The captives (more than 100 men) were held in 4 rooms. There were 6 persons per one sleeping space. - The basement was poorly ventilated (ventilation was repaired after one month). The toilet drainpipes got blocked very quickly and the captives had to use bucket instead. The applicant was allowed to wash himself only once every two weeks. - The applicant received food twice per day: a small portion of the same porridge and one piece of bread. Sometimes he received a soup. After a number of detainees were taken elsewhere, the food became a little better and the applicant could take a shower once per week. After 16 October 2014: On 16 October 2016 the applicant, together with about 70 other captives, was sent to Illovaysk to reconstruct the town. He was detained in a partially ruined building. It was overcrowded; some people had to sleep on the floor or wooden boxes. On one occasion the applicant was compelled to collect unexploded munitions.   During the first interrogation the applicant was punched, kicked and hit with a rubber truncheon. Sometimes the applicant was ordered to do various physical exercises, march or sing. During his detention the applicant started to have heartaches. He suffered from injuries sustained on 29 August 2014 for which no medical assistance was provided.   since 16 October 2014, collection of waste 02 October 2014 / On 19 April 2016 the applicant lodged a complaint with the Investigative Committee of Russian Federation. There has been no response.   73378/14 21/11/2014 Oleksandr Ivanovych BOYKO 22/05/1983     26 December 2014   Oleg Igorovych VEREMIYENKO On 29 August 2014 - fragmentation wound / diagnosed with psychological diseases (posttraumatic stress), digestion problems, eye inflammation and after-effects of his fragmentary wounds Before 16 October 2014 (basement of the SSU premises): - For the first two weeks the applicant was not allowed to leave the basement. The basement was overcrowded (only 28 beds for 110 captives), the detainees had to sleep in turns, the floor was so cold that it was difficult to stand on it. - The place was poorly ventilated, the sewer and the toilet drainpipes got blocked already on the first day, there was only one washstand (the water was non-potable). - The applicant received food once per day (later – twice): a small portion of porridge (sometimes containing sand) and one piece of bread. - On 31 August 2014 while being taken to the basement the applicant received several blows from the militants. The applicant was interrogated on several occasions. During one of the interrogations he was hit twice. - The applicant was forced to do press-ups and squats each time he was allowed to go to the toilet (hundreds of repetitions each time).   since 16 October 2014, every day from 10 a.m. till 4 p.m., reconstruction works 30 October 2014 / On 06 March 2015 the applicant lodged a complaint with the Investigative Committee of Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.   74659/14 28/11/2014 Maksym Olegovych AVRAMENKO 27/12/1988     26 December 2014   Oleg Igorovych VEREMIYENKO On 29 August 2014 as the result of hostilities the applicant received fragmentation wound.   Before 16 October 2014 (basement of the SSU premises): - From 31 August 2014 until 03 December 2014 the applicant was held in the basement consisting of 7 – 8 rooms measuring 200 square metres. It was overcrowded and some captives slept on the floor. - There was no daylight, it was poorly ventilated, damp (in some rooms there was water on the floor). - There was no proper drainage system, no toilet, no access to water. - The applicant received food once per day (later – twice): a small portion of porridge (150 – 200 g with sand and small stones) and piece of bread. During the first month of captivity the applicant was allowed to take a shower only once. After 03 December 2014 (archives of the SSU premises): The room was unheated and cold. The applicant slept on a makeshift bed made of shelves for archive documents.   On 31 August 2014 after arrival to the SSU premises the applicant was several times shot by the militants in legs and body with airgun since he did not want to step on Ukrainian flag. On 4 – 5 occasions the applicant was interrogated. During each interrogation he was severely beaten and suffered multiple injuries. He was also severely beaten by the guards on one occasion. When the applicant and other captives were allowed to go to the toilet each time they were made to do 200 – 300 press-ups and squats.   29 October 2014 / On 24 March 2015 the applicant lodged a complaint with the Investigative Committee of Russian Federation. He received a response with the recommendation to submit his complaint to the Ukrainian authorities.