Temporary measures for Ukrainian prisoners of war. Indication of respect for the rights guaranteed by the ECHR
INTERIM MEASURES DECISION
Oliynichenko v. Russia and Ukraine 30.06.2022 (app. no. 31258/22)
SUMMARY
The applicant’s husband, Yaroslav Anatoliyovych Oliynichenko, is allegedly a prisoner of war being
held by Russian forces. The Court indicated that the Russian Government should ensure respect for
Mr Oliynichenko’s Convention rights and provide him with medical assistance should he need it.
Following on from this, the Court also stated that these interim measures cover any requests made
on behalf of Ukrainian prisoners of war in Russian custody in which sufficient evidence has been
provided to show that they face a serious and imminent risk of irreparable harm to their physical
integrity and/or right to life.
PRINCIPAL FACTS
The applicant, Karyna Pavlivna Oliynichenko, is a Ukrainian national who was born in 1994 and lives
in Mykolaiv (Ukraine). She is the spouse of Yaroslav Anatoliyovych Oliynichenko, who is allegedly a
prisoner of war being held by Russian forces.
Mr Oliynichenko, who is deputy commander of his unit, was allegedly captured in Mariupol, and has
been registered as such by the Ukrainian authorities. Ms Oliynichenko provided eyewitness accounts
of alleged torture inflicted on Ukrainian service personnel while being held by Russian forces in one
of the POW camps where Mr Oliynichenko is allegedly captive. She thus asked for the Court to
indicate to the Governments of the Russian Federation and of Ukraine to establish her husband’s
whereabouts, to ensure his safety and to release him.
THE DECISION OF THE COURT
The Court (the President of the Court) on 30 June 2022 decided to issue an interim measure in this
case under Rule 39 of the Rules of Court, indicating that the Government of the Russian Federation
should ensure respect for Mr Oliynichenko’s Convention rights and provide him with medical
assistance should he need it. It indicated that the Government of Ukraine should also, in so far as
possible, ensure respect for the Convention rights of Mr Oliynichenko.
Furthermore, the Court decided to extend this measure to cover any requests made on behalf of
Ukrainian prisoners of war in Russian custody in which sufficient evidence has been provided to
show that they face a serious and imminent risk of irreparable harm to their physical integrity and/or
right to life.
The Court has also invited the Government of the Russian Federation to provide, within one week,
the following information:
i. whether Mr Oliynichenko has been captured by Russia; and
ii. if so, under which conditions is he currently being held, including any medical examinations
or treatment he has undergone (supported by medical certificates, if available).
