Last Updated on May 6, 2020 by LawEuro
Communicated on 15 January 2019
FIRST SECTION
Application no. 67661/14
Nataliya Vasylivna RUBAN and Maryna Petrivna RUBAN
against Ukraine and Russia
and 3 other applications
(see list appended)
The facts of the cases, as submitted by the applicants, are set forth in the appended table.
COMPLAINTS
In all the applications the applicants complain under Article 2 of the Convention that their relatives were killed.
In all the applications the applicants complain under Article 2 of the Convention that the domestic authorities failed to take the measures necessary for carrying out an effective investigation into their relatives’ death.
In all the applications, except for application no. 67661/14, the applicants also complain under Article 2 of the Convention that their relatives were killed as a result of improper planning of military operations by the Ukrainian authorities.
In application no. 12683/15 the applicant also complains, under Article 3 of the Convention, relying on the testimony of other soldiers who had been taken captive with her son, that the applicant’s son was severely beaten by the separatist militants of the so-called “Donetsk People’s Republic” (“the DPR”) before his execution.
In all the applications, except for application no. 70968/14, the applicants complain under Article 3 of the Convention that long-lasting uncertainty about their relatives’ fate caused them serious mental suffering.
In application no. 12683/15 the applicant also complains under Article 3 of the Convention that the domestic authorities failed to take measures necessary for carrying out an effective investigation into the alleged ill‑treatment.
In application no. 12683/15 the applicant also complains, under Article 5 § 1 of the Convention, that her son was unlawfully deprived of his liberty before his execution.
In all the applications, except for application no. 70968/14, 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 connection.
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. As regards all the applications, were the applicants’ relatives killed?
3. As regards all the applications, have investigations been carried out in respect of the applicants’ allegations of a violation of Article 2 of the Convention, as required by that provision?
4. As regards all the applications, except for application no. 67661/14, were the applicants’ relatives killed as a result of improper planning of military operations by the Ukrainian authorities?
5. As regards application no. 12683/15, has the applicant’s son been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?
6. As regards all the applications, except for application no. 70968/14, can long-lasting uncertainty about their relatives’ fate cause mental suffering to the applicants sufficient to reach the threshold of inhuman treatment prohibited by Article 3 of the Convention?
7. As regards application no. 12683/15, have investigations been carried out in respect of the applicant’s allegations of a violation of Article 3 of the Convention, as required by that provision?
8. As regards application no. 12683/15, was the applicant’s son deprived of his liberty in breach of Article 5 § 1 of the Convention?
9. As regards all the applications, except for application no. 70968/14, 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. |
Case title | Lodged on | Applicant name
date of birth place of residence |
Represented by | Notes | Investigation into the applicants’ complaints by Ukrainian/ Russian authorities |
| 1. | 67661/14 | Ruban v. Ukraine and Russia | 15/10/2014 | Nataliya Vasylivna RUBAN
23/09/1989 Kirovograd
MarynaPetrivna RUBAN 17/08/1961 Kirovograd |
VitaliyaPavlivna LEBID | On 28 August 2014 the applicant’s husband, Mr Dmytro ViktorovychRuban, born on 29 October 1984, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, disappeared during combat near Mnogopillya, Donetsk Region.
On 13 March 2015 a DNA analysis identified the remains of a body as those of the applicant’s husband. Date and cause of death are unknown.
|
Instituted on 20 September 2014 by the Kirovograd City Department of the Ministry of the Interior of Ukraine in Kirovograd Region.
On 30 June 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.
|
| 2. | 70968/14 | Pivovarchuk v. Ukraine and Russia | 06/11/2014 | IvannaOleksandrivna PIVOVARCHUK
29/08/1996 Ternivky |
VitaliyaPavlivna LEBID | On 6 August 2014 the applicant’s brother, Mr SergiyPivovarchuk, born on 24 December 1985, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, disappeared during combat near the town of Snizhne, Donetsk Region.
On 20 October 2014 a DNA analysis identified the remains of a body as those of the applicant’s brother; time of death – 6 August 2014.
|
Instituted on 29 September 2014 by the Novograd-Volynskyy Town Department of the Ministry of the Interior of Ukraine in Zhytomyr Region.
On 7 December 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint. |
| 3. | 6047/15 | Dovgopola v. Ukraine and Russia | 30/01/2015 | Olena Mykolayivna DOVGOPOLA
16/06/1957 Bogdanivka |
AlinaViktorivna PAVLYUK | On 29 August 2014 the applicant’s son-in-law, Mr SergiySergiyovychRemenyuk, born 15 June 1985, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, disappeared during combat near the town of Ilovaysk, Donetsk Region.
On 29 June 2017 a death certificate in respect of Mr SergiySergiyovychRemenyuk was issued, indicating August 2014 as the time of death.
|
Instituted on 25 October 2014 by the Chief Directorate of the Ministry of the Interior of Ukraine in Dnipropetrovsk Region.
On 25 June 2015 the applicant’s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint. |
| 4. | 12683/15 | Branovytska v. Ukraine and Russia | 13/03/2015 | Nina Kostyantynivna BRANOVYTSKA
23/07/1951 Kyiv |
VitaliyaPavlivna LEBID
|
On 21 January 2015 the applicant’s son, Mr Igor YevgenovychBranovytskyy, born 25 April 1976, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, was taken captive by the separatist militants of “the DPR” in Donetsk airport.
The capture of the applicant’s son is recorded on the following YouTube video: https://www.youtube.com/watch?v=L_yK3bNkeu0 The captivity of the applicant’s son is also confirmed by the following video: https://www.youtube.com/watch?v=MpAeLKGtl5U . According to the testimony of other captive soldiers the applicant’s son was severely beaten and then shot dead. On 2 April 2015 a death certificate in respect of Mr Igor YevgenovychBranovytskyy was issued, with the time of death: 21 January 2015.
|
Instituted on 19 January 2015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.
On 30 June 2015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint. |
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