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 } .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 } .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 } .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. 56975/14 Dmytro Oleksandrovych POTYEKHIN 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. In applications nos. 59913/14 and 60376/14 the applicants also complain 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 applications nos. 56975/14, 59913/14 and 60376/14 the applicants complain under Article 4 of the Convention that they were obliged to do forced labour. In all the applications, except for application no. 59674/14, the applicants complain that the respondent Governments failed to take measures necessary to secure their Convention rights as required by Article 13 of the Convention. They therefore did not have effective remedies in that respect. As regards application no. 56975/14 the applicant complains under Article 8 that his detention violated his right to private and family life and correspondence in that he could not have any contact with his relatives. 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? 3.     Were the applicants deprived of their liberty, in breach of Article 5 §   1 of the Convention? 4.     As regards applications nos. 56975/14, 59913/14 and 60376/14, do the facts complained of amount to a violation of Article 4 of the Convention? 5.     As regards applications nos. 59913/14 and 60376/14, 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? 6.     As regards all the applications, except for application no. 59674/14, did the applicants have effective remedies at their disposal in respect of their Convention complaints, as required by Article 13 of the Convention? 7.     As regards application no. 56975/14, did the applicant’s detention violate his right to private, family life and correspondence?     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   56975/14 Potyekhin v. Ukraine and Russia 13/08/2014 Dmytro Oleksandrovych POTYEKHIN 01/04/1976 Kyiv   Yana Vasilyevna ZAYIKINA On 7 August 2014 the applicant, a political analyst, was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the Isolation plant premises in Donetsk. Until his release on 24 September 2014 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Vira Oleksandrivna Vallye, the applicant’s sister.   No data available   59674/14 Sakhnevich v. Ukraine and Russia 30/08/2014 Vladimir Dmitriyevich SAKHNEVICH 02/11/1978 Bila Tserkva   Vitaliy Eduardovych POGOSYAN On 21 August 2014 the applicant 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 Donetsk. Until his release on 10 September 2014 he was tortured, ill-treated and kept in inhuman and degrading conditions.   The case was introduced by Ms Oksana Anatoliyivna Sakhnevych, the applicant’s spouse.   Instituted on 26   August   2014 by the Zhytomyr City Department of the Ministry of Interior of Ukraine in Zhytomyr region.   59913/14 Ryzhov v. Ukraine and Russia 01/09/2014 Dmytro Oleksandrovych RYZHOV 19/06/1985 Kyiv   Alina Viktorivna PAVLYUK On 24 August 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the Snizhne pre-trial detention centre, and from 2 November 2014 in the former Security Service of Ukraine’s building in Donetsk. Until his release on 17 November 2014 he was tortured, ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Oleksandra Oleksandrivna Burlakova, the applicant’s spouse.     Instituted on 31 August 2014 by the Sviyatoshyn District Department of the Ministry of Interior of Ukraine in Kyiv. On 28   January   2016 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with a recommendation that he should submit the complaint to the Ukrainian authorities.   60376/14 Komarov v. Ukraine and Russia 04/09/2014 Oleksiy Anatoliyovych KOMAROV 06/08/1976 Kryvyy Rig   Alina Viktorivna PAVLYUK On 30 August 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) in the premises of the Donetsk military school. Until his release on 10 September 2014 he was ill-treated, kept in inhuman and degrading conditions and obliged to perform forced labour.   The case was introduced by Ms Iryna Oleksandrivna Silich, the applicant’s civil partner.       Instituted on 2   September   2014 by the Zhovtnevyy District Department of the Ministry of Interior of Ukraine in Dnipropetrovsk Region. On 15   July   2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. He received a response with a recommendation that he should submit his complaint to the Ukrainian authorities.   68990/14 Vagapova v. Ukraine and Russia 20/10/2014 Sofiya Pavlivna VAGAPOVA 03/05/1984 Odesa   Andriy Viktorovych LESHCHENKO On 7 September 2014 the applicant was detained by the separatist militants of the so-called Donetsk People’s Republic (DPR) at first in the former Security Service of Ukraine’s building and subsequently in the building of the National Medical University in Donetsk. Until her release on 27 February 2014 she was tortured, ill-treated and kept in inhuman and degrading conditions.   The case was introduced by Ms Viktoriya Borysivna Barabash, the applicant’s mother.     Instituted on 13   September   2014 by the Prymorskyy District Department of the Odesa City Directorate of the Ministry of Interior of Ukraine in Odesa Region.