Published on 12 May 2025
 
FIFTH SECTION
Application no. 19922/19
Valeriy Viktorovych KOT against Ukraine
and 6 other applications
(see list appended)
communicated on 23 April 2025
SUBJECT MATTER OF THE CASES
The applications concern allegations of ill-treatment by law-enforcement authorities and of a lack of effective domestic investigation in respect of the applicants’ relevant complaints. The applicants rely, in particular, on Article 3 of the Convention.
Mr O.I. Kolinko (application no. 41442/19) also complains that the duration of his detention from the day of arrest (31 December 2014) until his conviction by a first-instance court (9 June 2017) and then from the date on which that conviction was quashed (1 March 2018) until the date on which his detention in a remand facility was replaced by another measure (12 November 2019) was incompatible with Article 5 § 3 of the Convention. He also complains that he has no effective and enforceable right to compensation for his detention in alleged contravention of the aforesaid provision, as required by Article 5 § 5 of the Convention.
QUESTIONS TO THE PARTIES
Questions in respect of all the applications1.  Has the applicant been subjected to torture, inhuman or degrading treatment, in breach of Article 3 of the Convention?
 
2.  Having regard to the procedural protection from torture, inhuman and degrading treatment, (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV and Kaverzin v. Ukraine, no. 23893/03, §§ 169-182, 15 May 2012), was the investigation of the applicant’s relevant complaint by the domestic authorities compatible with the requirements of Article 3 of the Convention?
 
The parties are requested to provide copies of all pertinent medical records and procedural documents concerning the investigation of the ill‑treatment complaints raised by the applicant.
Additional questions in respect of application no. 41442/19 (by Mr O.I. Kolinko)1.  Was the length of the applicant’s detention pending investigation and trial in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention (see, in particular, Ignatov v. Ukraine, no. 40583/15, §§ 38-42, 15 December 2016)?
 
2.  Did the applicant have an effective and enforceable right to compensation for his detention in alleged contravention of Article 5 § 3 of the Convention, as required by Article 5 § 5 of the Convention (see, in particular, Rytikov v. Ukraine, no. 52855/19, §§ 32-37, 23 May 2024)?
 
 
 
APPENDIX
Application no.
Case name
Lodged on
Represented by
Applicant
Year of Birth
Place of Residence
Nationality
Alleged ill-treatment
Other relevant facts
19922/19
Kot v. Ukraine
29/03/2019
O.M. Silin
Valeriy Viktorovych KOT
1955
Nikopol
Ukrainian
26/08/2015
Officers of the Nikopol municipal police
Bruise (upper left eye lid); abrasions (right shin)
27878/19
Ponomarenko v. Ukraine
08/05/2019
V.I. Melnychuk
Raisa Oleksandrivna PONOMARENKO
1973
Kyiv
Ukrainian
07-08/04/2016
Officers of the Podilskyy district police in Kyiv
Hematoma (right paraorbital area; contusion (chest, shoulders)
Application brought on behalf of Mr D.S. Ponomarenko, son of Ms R.O. Ponomarenko, deceased on 09/08/2017
30832/19
Drozdov v. Ukraine
30/05/2019
V.B. Glushchenko
Edouard Yuriyovych DROZDOV
1972
Pechenigy
Ukrainian
26-27/10/2017
Officers of the Chuguyiv district police (Pechenigy branch)
Bone fracture (nose); hematoma (forehead); wounds (tongue)
37624/19
Chursin v. Ukraine
03/07/2019
O.V. Mytsyk
Yuriy Sergiyovych CHURSIN
1988
Lviv
Ukrainian
01/12/2009
Officers of the Shevchenkivskyy district police in Lviv
Bruise (eye, knee); abrasions (lip, hand)
41442/19
Kolinko v. Ukraine
25/07/2019
T.I. Gorbachevska
Oleg Ivanovych KOLINKO
1971
Warzsawa
Ukrainian
31/12/2014
Officers of the Artemivsk (Bakhmut) municipal police
Multiple bruises and abrasions (face, head)
19076/20
Krupenics v. Ukraine
22/04/2020
No representative
Vasilijs KRUPENICS
1960
Daugavpils
Latvian non-citizen
19/03/2017
Officers of the Volyn customs, border guard, and State Security Service
Cerebral concussion; hematomas and haemorrhages (face, abdomen, shins); abrasions (shins)
23237/20
Dubinin v. Ukraine
28/04/2020
S.O. Kulbach
Oleksandr Volodymyrovych DUBININ
1979
Dnipro
Ukrainian
30/01/2018
Officers of the Kirovograd regional prosecutor’s office and of the State Security Service (SBU)
Closed blunt injury, abrasions (head, abdomen)
Applicant having died on 05/12/2024, his father, Mr V.G. Dubinin wishes to pursue the application