Captivity in Ilovaisk – Ponomarenko and Others v. Ukraine and Russia

General Description of the Case

The applicants are servicemembers of the 3rd Reserve Volunteer Battalion of the National Guard of Ukraine “Donbas”. In August 2014, during the battle for the city of Ilovaisk, Donetsk region, the unit, together with other Ukrainian volunteer battalions and Ukrainian Armed Forces units, was surrounded by regular Russian armed forces.

During an attempt to break out of the encirclement through an agreed upon “humanitarian corridor”, the convoy came under targeted heavy weapons fire from Russian forces, resulting in significant casualties among the personnel.

The applicants were captured directly by Russian servicemembers while attempting to leave Ilovaisk, after which they were handed over to representatives of the illegal armed formation of the self-proclaimed “DPR”. The applicants were held captive until 26 December 2014 and were released as part of a prisoner exchange.

The applicants’ case is pending before the European Court of Human Rights.

Key Violation

• unlawful deprivation of liberty (the captivity of combatants outside the lawful grounds for detention under Article 5 of the Convention);
• capture by regular Russian armed forces during the battle for Ilovaisk;
• unlawful transfer of prisoners of war to an armed formation outside Ukrainian Government control (the “DPR”);
• cruel treatment and inadequate conditions of detention in captivity;
• ineffectiveness of the investigation into the violations committed against the applicants (Articles 3 and 13 of the Convention).

Our Role

• representing the applicants in proceedings before the European Court of Human Rights;
• justification of the jurisdiction of the Russian Federation under the principle of “effective control” over the self-proclaimed “DPR” and Russia’s direct responsibility for the applicants’ capture by regular Russian forces;
• building legal arguments to establish the Russian Federation’s effective control over the self-proclaimed “DPR” under the principle of “effective control” and its direct responsibility for the capture of individuals by regular Russian armed forces.
• collecting and systematising evidence (testimonies, medical findings and reports by international organisations) in support of establishing Russia’s responsibility.

Status of the Case

The case is pending before the European Court of Human Rights. Submissions in response to the observations of the Governments of Ukraine and Russia have been filed in cooperation with EHRAC. The applicants are awaiting the Court’s judgment.