CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 janvier 2018

.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 } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .sC8636342 { 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 } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .s29100277 { font-family:Arial; font-weight:bold } .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 } .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 } .s3B53EBD5 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; font-size:8pt } .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 } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } .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 } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .sB853CD26 { font-family:Arial; font-size:8pt } .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 9 January 2018   FIRST SECTION Application no. 30863/14 Sergiy Oleksandrovych LEFTER against Ukraine and Russia and 4 other applications (see list appended) STATEMENT OF FACTS The facts of the cases, as submitted by the applicants, are set forth in the appended table. COMPLAINTS The applicants complain under Article 3 of the Convention of the poor conditions of their detention and of having been humiliated and ill ‑ treated during their detention. Referring to the above-mentioned provision of the Convention, in application no. 30863/14 the applicant also complains that the domestic authorities failed to take measures necessary for carrying out an effective investigation into the alleged ill-treatment. The applicants furthermore complain under Article 5 § 1 of the Convention of the unlawfulness of their being deprived of their liberty. As regards application no. 30863/14, the applicant also complains under Article 5 § 1 of the Convention that he was detained without a court order. As regards application no. 30863/14, the applicant also complains under Article 5 § 2 of the Convention that he was not informed of suspicion against him. As regards application no. 34099/14, the applicant complains under Article 4 of the Convention that he was forced to undertake labour. Referring to Article 13 of the Convention, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights. They therefore did not have effective remedies in that respect. As regards applications nos. 30863/14 and 51253/14 the applicants complain under Article 8 that their detention violated their right to private life and correspondence in that in their cell phones and laptop computers were checked without their consent. As regards applications nos. 30863/14 and 51253/14, the applicants complain under Article 10 that they were persecuted for expressing their pro-Ukrainian views. In application 30863/14 the applicant complains under Article 14 that he was persecuted on the basis of his speaking the Ukrainian language and having pro-Ukrainian and pro-European views. QUESTIONS 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? 3.     Were the applicants deprived of their liberty, in breach of Article 5 §   1 of the Convention? 4.     As regards application no. 30863/14, do the facts complained of amount to a violation of Article 5 § 2 of the Convention? 5.     As regards application no. 34099/14, do the facts complained of amount to a violation of Article 4 of the Convention? 6.     As regards application no. 30863/14, 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? 7.     As regards all the applications, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention? 8.     As regards applications nos. 30863/14 and 51253/14, did the applicants’ detention violate their right to private life and correspondence? 9.     As regards applications nos. 30863/14 and 51253/14, were the applicants persecuted for expressing their pro-Ukrainian views, in breach of Article 10 of the Convention? 10.     As regards applications nos. 30863/14 and 51253/14, were the applicants persecuted on the basis of their speaking the Ukrainian language and having pro-Ukrainian and pro-European views?     APPENDIX No. Application no. Case title Lodged on Applicant name date of birth place of residence Represented by Notes Investigation into the applicants’ complaints by Ukrainian/ Russian authorities   30863/14 Lefter v. Ukraine and Russia 23/04/2014 Sergiy Oleksandrovych LEFTER 11/03/1990 Kozyatyn   Yevgeniya Oleksandrivna ZAKREVSKA On 15 April 2014 the applicant, a journalist, was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the former Security Service of Ukraine’s building in Slovyansk. Until his release on 2 May 2014 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Lefter Valentyna Petrivna, applicant’s mother Instituted on 17   April   2014 by Slovyansk Investigative Department of the Ministry of Interior of Ukraine. On 19   May   2014 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   31357/14 Krat v. Ukraine and Russia 24/04/2014 Irma Mykolayivna KRAT 26/08/1984 Lokhvytsya     Oleg Igorovych VEREMIYENKO On 20 April 2014 the applicant, a journalist, was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR). She was detained at first in the former Security Service of Ukraine’s building and then in the town hall’s building in Slovyansk. Until her release on 5   June   2014 she was ill-treated and kept in inhuman and degrading conditions.   The case was introduced by Ms   Anichina Milana Mykolayivna, applicant’s sister No data available   34099/14 Oprya v. Ukraine and Russia 05/05/2014 Igor Igorevych OPRYA 04/08/1995 Kyiv     Yana Vasylivna ZAYIKINA On 1 May 2014 the applicant, a person with disability, was detained in the former Security Service of Ukraine’s building in Slovyansk by the separatist militants of the so-called Donetsk People’s Republic (DPR). Until his release on 6 July 2014 he was ill-treated, kept in inhuman and degrading conditions and made to perform forced labour.   The case was introduced by Ms Kaulina Natalya Viktorivna, applicant’s aunt, and Ms Oprya Oxana Olexandrivna, applicant’s mother Instituted on 2   May   2014 by the Solomyanskyy District Directorate of the Ministry of Interior of Ukraine in Kyiv. On 30   October   2014 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response.   34647/14 Yurov and Gryshchuk v.   Ukraine and Russia 08/05/2014 Pavel Viktorovych YUROV 10/03/1980 Kyiv Denys Oleksandrovych Gryshchuk 16/08/1985 Kyiv     Yana Vasylivna ZAYIKINA On 25 April 2014 the applicants were detained in the former Security Service of Ukraine’s building in Slovyansk by the separatist militants of the so-called Donetsk People’s Republic (DPR). Until their release on 6 July 2014 they were ill-treated and kept in inhuman and degrading conditions.   The case was introduced by Ms Yurova Alina Viktorivna, sister of Mr Pavel Yurov, and Mr Gryshchuk Oleksandr Borysovych, father of Mr   Denys   Gryshchuk Instituted on 27   April   2014 by the Antratsyt Town Directorate of the Ministry of Interior of Ukraine in Lugansk Region. On 19   November   2014 the first applicant lodged a complaint with the Investigative Committee of the Russian Federation. They received a response with the recommendation to submit their complaint to the Ukrainian authorities.   51253/14 Kluger v. Ukraine and Russia 01/07/2014 Dmytro Lvovych KLUGER 15/09/1979 Donetsk Yevgeniya Oleksandrivna ZAKREVSKA On 22 May 2014 the applicant, a pro-Ukrainian activist, was detained in the former Security Service of Ukraine’s building in Donetsk by the separatist militants of the so-called Donetsk People’s Republic (DPR). Until his release on 27   May   2014 he was ill-treated and kept in inhuman and degrading conditions and obliged to perform forced labour.     Instituted on 13   July   2015 by the Krasnoarmiyskyy Town Directorate of the Ministry of Interior of Ukraine in Donetsk Region. On 18   May   2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with the recommendation to submit their complaint to the Ukrainian authorities.