KAZACHENKO v. RUSSIA AND UKRAINE and 4 other applications

Published on 14 April 2025   FOURTH SECTION Application no. 9580/15 Sergiy Vasylyovych KAZACHENKO against Russia and Ukraine and 4 other applications (see list appended) communicated on 24 March 2025 SUBJECT MATTER OF THE CASES The applications arise from the conflict between Ukraine and the Russian Federation following the latter’s assertion of jurisdiction over Crimea in 2014. The applicants are Ukrainian nationals some of whom are currently serving their prison sentences in Russia. Initially detained by Ukrainian authorities in Crimea before 2014 – either after their detention on remand was ordered on account of suspicions or following their convictions by Ukrainian courts – their criminal cases were subsequently reclassified under Russian law by Russian “courts” in Crimea. Subsequently the applicants were convicted by Russian “courts” for the offences allegedly committed when Crimea was under Ukrainian jurisdiction. The applicants allege that their criminal convictions and detention were unlawful. In particular, the applicants argue under Article 5 of the Convention that their detention following conviction by Russian “courts” lacked legal basis, as they were convicted for acts committed under Ukrainian jurisdiction in Ukraine. They claim that Ukraine also bears responsibility for their uncertain legal status under Article 5 of the Convention, asserting that Ukraine did not exhaust legal and diplomatic means to protect their rights. Furthermore, the applicants in applications nos. 12781/17 and 34941/17 complain about their transfers from Crimea to detention facilities in Russia to serve their sentences, arguing that it has, inter alia, severely impacted their ability to maintain essential social ties with their families, in breach of Article 8 of the Convention and Article 3 of Protocol No. 4 to the Convention. QUESTIONS TO THE APPLICANTS AND THE RUSSIAN GOVERNMENT 1.  Have the applicants complied with the admissibility requirements set forth in Article 35 of the Convention?   2.  Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention (see Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, §§ 943-46 and 998, 25 June 2024)?   3.  In applications nos. 12781/17 and 34941/17, were the applicants, who are Ukrainian nationals, expelled from the territory of their State, in breach of Article 3 § 1 of Protocol No. 4 and/or Article 8 of the Convention? QUESTIONS TO THE APPLICANTS AND THE UKRAINIAN GOVERNMENT 1.  Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?   2.  In respect of their complaints directed against Ukraine, did the applicants have any effective remedies at their disposal for the protection of their right to liberty? If so, have the applicants exhausted those remedies as required by Article 35 § 1 of the Convention?   APPENDIX List of applications:   No. Application no. Case name Lodged on Applicant Year of Birth Nationality Represented by 1. 9580/15 Kazachenko v. Russia and Ukraine 12/02/2015 Sergiy Vasylyovych KAZACHENKO 1962 Ukrainian Oleksandr Vadymovych ZARUTSKYY 2. 49255/15 Rudnichenko v. Russia and Ukraine 24/09/2015 Sergey Vladimirovich RUDNICHENKO 1981 Ukrainian Sergiy Anatoliyovych ZAYETS 3. 12781/17 Zaikin v. Russia and Ukraine 06/02/2017 Evgeniy Nikolayevich ZAIKIN 1986 Ukrainian Roman Yuriyovych MARTYNOVSKYY 4. 34941/17 Sumaruk v. Russia and Ukraine 03/05/2017 Valeriy Nikolayevich SUMARUK 1961 Ukrainian Roman Yuriyovych MARTYNOVSKYY 5. 45447/18 Dzhygyrey v. Russia and Ukraine 14/09/2018 Bogdan Mykolayovych DZHYGYREY 1974 Ukrainian Roman Yuriyovych MARTYNOVSKYY