ARTEMENKO AND OTHERS v. RUSSIA and 2 other applications

Published on 12 May 2025   FOURTH SECTION Application no. 26812/20 Andriy Anatoliyovych ARTEMENKO and Others against Russia and 2 other applications (see list appended) communicated on 25 April 2025 SUBJECT MATTER OF THE CASES The applications stem from the conflict between Ukraine and the Russian Federation since the latter asserted its jurisdiction over the Crimean Peninsula in 2014 (see Ukraine v. Russia (re Crimea) (dec.) [GC], nos. 20958/14 and 38334/18, § 335, 16 December 2020). They concern a naval incident that occurred on 25 November 2018 at the Kerch Strait whereby a number of Russian coastguard vessels attacked three Ukrainian naval vessels, Berdyansk, Nikopol and Yany Kapu, seeking to transit the Strait. The applicants are eighteen servicemen of the Ukrainian Navy, who were crew members of the three Ukrainian naval vessels at the time of the events. As a result of this attack the applicants in application no. 26812/20 were seriously injured. All the applicants were detained by the Russian authorities and charged with the offence of illegal crossing of the State border of the Russian Federation, under Article 322 § 3 of the Criminal Code of the Russian Federation. The applicants in application no. 26812/20 were hospitalised, while all other applicants were placed in the Simferopol pre-trial detention centre (SIZO No. 1). Later, all the applicants were transported to the IZ-77/2 detention facility in Moscow. On 7 September 2019, as a result of an exchange of prisoners between Ukraine and the Russian Federation, the applicants were released and returned to Ukraine. Relying on Article 2 of the Convention, the applicants allege that the use of force against them by the Russian Coast Guard was unjustified and put their lives at risk. They also complain about the lack of investigation into the incident by the Russian authorities. The applicants complain that, despite their status as prisoners of war, they were treated as criminals by the Russian authorities, which caused them suffering in breach of Article 3 and Article 8 of the Convention. The applicants in application no. 26812/20 also complain under Article 3 of the Convention that they did not receive adequate medical treatment. Finally, the applicants complain under Article 5 § 1 of the Convention that they were unlawfully deprived of their liberty. QUESTIONS TO THE PARTIES 1.  Have the applicants in applications nos. 26812/20 and 27234/20 complied with the six-month time-limit laid down in Article 35 § 1 of the Convention? 2.  Have the applicants’ right to life, ensured by Article 2 of the Convention, been violated in the present case? In particular, was it absolutely necessary for the purposes of Article 2 § 2 to resort to a use of force which put the applicants’ lives at risk (Soare and Others v. Romania, no. 24329/02, §§ 126-130, 22 February 2011)? 3.  Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), was the investigation in the present case by the Russian authorities in breach of Article 2 of the Convention? In this regard, the respondent Government are requested to clarify the investigative measures undertaken by their authorities into the events, and to provide documentary evidence in support of their replies. 4.  As regards application no. 26812/20, considering the applicants’ state of health, has there been a violation of Article 3 of the Convention on account of the alleged inadequacy of the medical treatment provided to them? The respondent Government are invited to submit a detailed account of all medical assistance provided to the applicants. 5.  Did the treatment of the applicants by the Russian authorities during their detention constitute a violation of Article 3 and/or Article 8 of the Convention? 6.  Was the applicants’ detention in compliance with Article 5 § 1 of the Convention?     APPENDIX List of applications   No. Application no. Case name Lodged on Applicant Year of Birth Nationality Represented by 1. 26812/20 Artemenko and Others v. Russia and Ukraine 15/06/2020 Andriy Anatoliyovych ARTEMENKO 1994 Ukrainian Andriy Dmytrovych EYDER 1999 Ukrainian Vasyl Viktorovych SOROKA 1991 Ukrainian Yevgeniya Oleksandrivna ZAKREVSKA 2. 27234/20 Mokryak and Others v. Russia 15/06/2020 Roman Mykolayovych MOKRYAK 1986 Ukrainian Yuriy Yuriyovych BEZYAZYCHNYY 1990 Ukrainian Yuriy Oleksandrovych BUDZYLO 1973 Ukrainian Sergiy Romanovych CHULIBA 1989 Ukrainian Andriy Andriyovych OPRYSKO 1971 Ukrainian Yevgeniya Oleksandrivna ZAKREVSKA 3. 19433/21 Bezpalchenko and Others v. Russia 07/03/2020 Viktor Anatoliyovych BEZPALCHENKO 1987 Ukrainian Bogdan Olegovych GOLOVASH 1996 Ukrainian Vladyslav Anatoliyovych KOSTYSHYN 1994 Ukrainian Bogdan Pavlovych NEBYLYTSYA 1994 Ukrainian Yevgen Vitaliyovych SEMYDOTSKYY 1998 Ukrainian Andriy Anatoliyovych SHEVCHENKO 1991 Ukrainian Volodymyr Anatoliyovych TERESHCHENKO 1994 Ukrainian Sergiy Andriyovych TSYBIZOV 1997 Ukrainian Volodymyr Kostyantynovych VARYMEZ 1992 Ukrainian Mykhaylo Borysovych VLASYUK 1984 Ukrainian Sergiy Anatoliyovych ZAYETS