Communicated on 15 January 2019<\/p>\n
FIRST SECTION<\/p>\n
Application no. 67661\/14
\nNataliya Vasylivna RUBAN and Maryna Petrivna RUBAN<\/p>\n
against Ukraine and Russia
\nand 3 other applications
\n(see list appended)<\/p>\n
The facts of the cases, as submitted by the applicants, are set forth in the appended table.<\/p>\n
COMPLAINTS<\/strong><\/p>\n In all the applications the applicants complain under Article 2 of the Convention that their relatives were killed.<\/p>\n 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\u2019 death.<\/p>\n 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.<\/p>\n 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\u2019s son was severely beaten by the separatist militants of the so-called \u201cDonetsk People\u2019s Republic\u201d (\u201cthe DPR\u201d) before his execution.<\/p>\n 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\u2019 fate caused them serious mental suffering.<\/p>\n 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\u2011treatment.<\/p>\n In application no. 12683\/15 the applicant also complains, under Article 5 \u00a7 1 of the Convention, that her son was unlawfully deprived of his liberty before his execution.<\/p>\n 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.<\/p>\n QUESTIONS TO THE PARTIES<\/strong><\/p>\n 1.\u00a0\u00a0Do the alleged violations of the Convention fall within the jurisdiction of the respondent States within the meaning of Article 1 of the Convention?<\/p>\n 2.\u00a0\u00a0As regards all the applications, were the applicants\u2019 relatives killed?<\/p>\n 3.\u00a0\u00a0As regards all the applications, have investigations been carried out in respect of the applicants\u2019 allegations of a violation of Article 2 of the Convention, as required by that provision?<\/p>\n 4.\u00a0\u00a0As regards all the applications, except for application no. 67661\/14, were the applicants\u2019 relatives killed as a result of improper planning of military operations by the Ukrainian authorities?<\/p>\n 5.\u00a0\u00a0As regards application no. 12683\/15, has the applicant\u2019s son been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?<\/p>\n 6.\u00a0\u00a0As regards all the applications, except for application no. 70968\/14, can long-lasting uncertainty about their relatives\u2019 fate cause mental suffering to the applicants sufficient to reach the threshold of inhuman treatment prohibited by Article 3 of the Convention?<\/p>\n 7.\u00a0\u00a0As regards application no. 12683\/15, have investigations been carried out in respect of the applicant\u2019s allegations of a violation of Article 3 of the Convention, as required by that provision?<\/p>\n 8.\u00a0\u00a0As regards application no. 12683\/15, was the applicant\u2019s son deprived of his liberty in breach of Article 5 \u00a7 1 of the Convention?<\/p>\n 9.\u00a0\u00a0As 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?<\/p>\n APPENDIX<\/p>\n no.<\/strong><\/td>\n date of birth<\/strong><\/p>\n place of residence<\/strong><\/td>\n 23\/09\/1989<\/p>\n Kirovograd<\/p>\n <\/p>\n MarynaPetrivna RUBAN<\/strong><\/p>\n 17\/08\/1961<\/p>\n Kirovograd<\/td>\n On 13 March 2015 a DNA analysis identified the remains of a body as those of the applicant\u2019s husband. Date and cause of death are unknown.<\/p>\n <\/td>\n On 30\u00a0June\u00a02015 the applicant\u2019s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.<\/p>\n <\/td>\n<\/tr>\n 29\/08\/1996<\/p>\n Ternivky<\/td>\n On 20 October 2014 a DNA analysis identified the remains of a body as those of the applicant\u2019s brother; time of death \u2013 6 August 2014.<\/p>\n <\/td>\n On 7\u00a0December\u00a02015 the applicant\u2019s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.<\/td>\n<\/tr>\n 16\/06\/1957<\/p>\n Bogdanivka<\/td>\n On 29 June 2017 a death certificate in respect of Mr\u00a0SergiySergiyovychRemenyuk was issued, indicating August 2014 as the time of death.<\/p>\n <\/p>\n <\/td>\n On 25\u00a0June\u00a02015 the applicant\u2019s lawyer lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.<\/td>\n<\/tr>\n 23\/07\/1951<\/p>\n Kyiv<\/td>\n <\/td>\n The capture of the applicant\u2019s son is recorded on the following YouTube video: https:\/\/www.youtube.com\/watch?v=L_yK3bNkeu0<\/p>\n The captivity of the applicant\u2019s son is also confirmed by the following video: https:\/\/www.youtube.com\/watch?v=MpAeLKGtl5U .<\/p>\n According to the testimony of other captive soldiers the applicant\u2019s son was severely beaten and then shot dead.<\/p>\n On 2 April 2015 a death certificate in respect of Mr Igor YevgenovychBranovytskyy was issued, with the time of death: 21 January 2015.<\/p>\n <\/td>\n On 30\u00a0June\u00a02015 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. There has been no response to the complaint.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n
\n
\n<\/strong>No.<\/strong><\/td>\nApplication<\/strong><\/p>\n Case title<\/strong><\/td>\n Lodged on<\/strong><\/td>\n Applicant name<\/strong><\/p>\n Represented by<\/strong><\/td>\n Notes<\/strong><\/td>\n Investigation into the applicants\u2019 complaints by Ukrainian\/ Russian authorities<\/strong><\/td>\n<\/tr>\n \n 1.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 67661\/14<\/td>\n Ruban v.\u00a0Ukraine and Russia<\/strong><\/td>\n 15\/10\/2014<\/td>\n Nataliya Vasylivna RUBAN<\/strong><\/p>\n VitaliyaPavlivna LEBID<\/td>\n On 28 August 2014 the applicant\u2019s husband, Mr\u00a0Dmytro 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.<\/p>\n Instituted on 20\u00a0September\u00a02014 by the Kirovograd City Department of the Ministry of the Interior of Ukraine in Kirovograd Region.<\/p>\n \n 2.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 70968\/14<\/td>\n Pivovarchuk v.\u00a0Ukraine and Russia<\/strong><\/td>\n 06\/11\/2014<\/td>\n IvannaOleksandrivna PIVOVARCHUK<\/strong><\/p>\n VitaliyaPavlivna LEBID<\/td>\n On 6 August 2014 the applicant\u2019s brother, Mr\u00a0SergiyPivovarchuk, 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.<\/p>\n Instituted on 29\u00a0September\u00a02014 by the Novograd-Volynskyy Town Department of the Ministry of the Interior of Ukraine in Zhytomyr Region.<\/p>\n \n 3.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 6047\/15<\/td>\n Dovgopola v.\u00a0Ukraine and Russia<\/strong><\/td>\n 30\/01\/2015<\/td>\n Olena Mykolayivna DOVGOPOLA<\/strong><\/p>\n AlinaViktorivna PAVLYUK<\/td>\n On 29 August 2014 the applicant\u2019s son-in-law, Mr\u00a0SergiySergiyovychRemenyuk, 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.<\/p>\n Instituted on 25\u00a0October\u00a02014 by the Chief Directorate of the Ministry of the Interior of Ukraine in Dnipropetrovsk Region.<\/p>\n \n 4.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 12683\/15<\/td>\n Branovytska v.\u00a0Ukraine and Russia<\/strong><\/td>\n 13\/03\/2015<\/td>\n Nina Kostyantynivna BRANOVYTSKA<\/strong><\/p>\n VitaliyaPavlivna LEBID<\/p>\n On 21 January 2015 the applicant\u2019s 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 \u201cthe DPR\u201d in Donetsk airport.<\/p>\n Instituted on 19\u00a0January\u00a02015 by the Chief Directorate of the Ministry of the Interior of Ukraine in Kyiv.<\/p>\n