{"id":221,"date":"2019-04-06T13:15:57","date_gmt":"2019-04-06T13:15:57","guid":{"rendered":"https:\/\/laweuro.com\/?p=221"},"modified":"2019-04-24T16:13:13","modified_gmt":"2019-04-24T16:13:13","slug":"kudryavtsev-v-ukraine-and-russia-and-2-other-applications","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=221","title":{"rendered":"KUDRYAVTSEV v. UKRAINE AND RUSSIA and 2 other applications (European Court of Human Rights)"},"content":{"rendered":"

Communicated on 15 January 2019<\/p>\n

FIRST SECTION<\/p>\n

Application no. 56400\/14
\nMykola DmytrovychKUDRYAVTSEV against Ukraine and Russia
\nand 2 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<\/p>\n

In all the applications the applicants complain under Article 2 of the Convention that their relatives were killed.<\/p>\n

In application no. 11032\/15 the applicant complains under Article 2 of the Convention that the domestic authorities failed to take the measures necessary for carrying out an effective investigation into her husband\u2019s death.<\/p>\n

In application no. 11032\/15, the applicant also complains under Article 2 of the Convention that her husband was killed as a result of improper planning of military operations by the Ukrainian authorities.<\/p>\n

In application no. 56400\/14 the applicant also complains, under Article 3 of the Convention, relying on the YouTube video of the applicant\u2019s son\u2019s interrogation, where the latter had visible injuries, that his son had been ill\u2011treated 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 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. 56400\/14 the applicant also complains, under Article\u00a05 \u00a7 1 of the Convention, that his son was unlawfully deprived of his liberty before his execution.<\/p>\n

In all the applications 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<\/p>\n

    \n
  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?<\/li>\n
  2. As regards all the applications, were the applicants\u2019 relatives killed?<\/li>\n
  3. As regards application no. 11032\/15, have investigations been carried out in respect of the applicant\u2019s allegations of a violation of Article 2 of the Convention, as required by that provision?<\/li>\n
  4. As regards application no. 11032\/15, was the applicant\u2019s husband killed as a result of improper planning of military operations by the Ukrainian authorities?<\/li>\n
  5. As regards application no. 56400\/14, has the applicant\u2019s son been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?<\/li>\n
  6. As regards all the applications, 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?<\/li>\n
  7. As regards application no. 56400\/14, was the applicant\u2019s son deprived of his liberty in breach of Article 5 \u00a7 1 of the Convention?<\/li>\n
  8. 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?<\/li>\n<\/ol>\n

    APPENDIX<\/p>\n\n\n\n\n\n\n

    \n<\/strong>No.<\/strong><\/td>\n    		Application<\/strong><\/p>\n

    no.<\/strong><\/td>\n

    		Case title<\/strong><\/td>\nLodged on<\/strong><\/td>\nApplicant name<\/strong><\/p>\n

    date of birth<\/strong><\/p>\n

    place of residence<\/strong><\/td>\n

    		Represented by<\/strong><\/td>\nNotes<\/strong><\/td>\nInvestigation into the applicants\u2019 complaints by Ukrainian\/ Russian authorities<\/strong><\/td>\n<\/tr>\n
    1.\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n56400\/14<\/td>\nKudryavtsev v. Ukraine and Russia<\/strong><\/td>\n12\/08\/2014<\/td>\nMykola Dmytrovych KUDRYAVTSEV<\/strong><\/p>\n

    03\/06\/1951<\/p>\n

    Urzuf<\/td>\n

    		Nadiya VOLKOVA<\/td>\nOn 14 July 2014 the applicant\u2019s son, Mr\u00a0OleksiyMykolayovychKudryavtsev, born on 3 April 1984, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, was taken captive by separatist militants of the so-called Donetsk People\u2019s Republic (DPR).<\/p>\n

    There is a YouTube video (https:\/\/www.youtube.com\/watch?v=iV-lj_qQVt8) where the applicant\u2019s son was questioned by a leader of the militants; later the interrogator said that the applicant\u2019s son had just been executed. There is testimony of other former captive soldiers who saw the applicant\u2019s son\u2019s dead body. The body was never found.<\/td>\n

    		Instituted on 13\u00a0August\u00a02014 by the Slovyanskyy City Department of the Chief Directorate of the Ministry of the Interior of Ukraine in Donetsk Region.<\/p>\n

     <\/td>\n<\/tr>\n

    2.\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n11032\/15<\/td>\nBuslayeva v. Ukraine and Russia<\/strong><\/td>\n03\/03\/2015<\/td>\nOlena Vasylivna BUSLAYEVA<\/strong><\/p>\n

    14\/09\/1980<\/p>\n

    Kyiv<\/td>\n

    		VitaliyMykhaylovych KHEKALO<\/td>\nOn 6 February 2015 the applicant\u2019s husband, Mr\u00a0BuslayevOleksiyGeorgiyovych, born on 30 December 1976, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, disappeared during combat near the town of Debaltsevo, Donetsk Region.<\/p>\n

    On 7 May 2015 a death certificate in respect of Mr\u00a0BuslayevOleksiyGeorgiyovych was issued, indicating 6 February 2015 as the time of death.<\/p>\n

     <\/td>\n

    		Instituted on 10\u00a0February\u00a02015 by the Investigative Department of the Chief Directorate of the Ministry of the Interior of Ukraine in the City of Kyiv.<\/p>\n

    On 4\u00a0September\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

    3.\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n13758\/15<\/td>\nGrytsan v. Ukraine and Russia<\/strong><\/td>\n18\/03\/2015<\/td>\nMariyaMykhaylivna GRYTSAN<\/strong><\/p>\n

    25\/09\/1966<\/p>\n

    VelykiDidushychi<\/td>\n

    		Oleg Igorovych VEREMIYENKO<\/td>\nOn 20 January 2015 the applicant\u2019s son, Mr\u00a0GrytsanAndriyVolodymyrovych, born 6 September 1991, who served in the Ukrainian Army in the area of the anti-terrorist operation in eastern Ukraine, disappeared during combat near the Donetsk airport.<\/p>\n

    On 6 July 2015 a death certificate in respect of Mr\u00a0GrytsanAndriyVolodymyrovych was issued, indicating 20 January 2015 as the time of death.<\/p>\n

     <\/td>\n

    		Instituted on 2\u00a0February\u00a02015 by the Investigation Department of the Directorate of the Security Service of Ukraine in Lviv Region.<\/p>\n

     <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n