Case: case_399

Atomic Facts:
[{"fact_id": "F001", "text": "The first applicant was born in 1978.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The second applicant was born in 1958.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The first applicant lives in Kyiv.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The second applicant lives in Lviv.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The applicants were represented by Ms Y. Zakrevska, a lawyer practising in Kyiv.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "The Government were represented by their Agent, most recently Mr I. Lishchyna, of the Ministry of Justice.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F007", "text": "The facts of the case, as submitted by the parties, may be summarised as follows.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F008", "text": "At the material time, the first applicant, Mr I. Lutsenko, was a well-known journalist.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F009", "text": "At the material time, Mr I. Lutsenko was the leader of a civic organisation called Protect the Old Kyiv.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F010", "text": "The aim of the civic organisation Protect the Old Kyiv was to preserve the historical architecture of Kyiv.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F011", "text": "Mr I. Lutsenko took an active part in the Maidan protests.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F012", "text": "On 22 December 2013, the council of the Maidan People's Union gave Mr I. Lutsenko the position of deputy chief supervisor in charge of order within the protesters' camp on Maidan Nezalezhnosti.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F013", "text": "In his capacity as deputy chief supervisor in charge of order within the protesters' camp on Maidan Nezalezhnosti, Mr I. Lutsenko helped to take care of wounded protesters by transporting them to various medical facilities.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F014", "text": "The second applicant's brother was Mr Y. Verbytskyy.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F015", "text": "Mr Y. Verbytskyy was originally from Lviv.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F016", "text": "At the material time, Mr Y. Verbytskyy worked as a seismologist at the Karpatske Department of the Institute of Geophysics in Lviv.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F017", "text": "In January 2014, Mr Y. Verbytskyy came to Kyiv and took part in the Maidan protests.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F018", "text": "In the early hours of 21 January 2014, Mr Y. Verbytskyy's eye was injured during a clash between protesters and the police.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F019", "text": "At about 3.45 a.m. on 21 January 2014, Mr I. Lutsenko took Mr Y. Verbytskyy to a hospital.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F020", "text": "According to a copy of a police record submitted by the Government, at 4.33 a.m. on 21 January 2014 a doctor from the hospital informed the police that Mr I. Lutsenko and Mr Y. Verbytskyy had been abducted from the hospital by several persons in plain clothes.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F021", "text": "According to the relevant investigation files, the abductors used force against Mr I. Lutsenko and Mr Y. Verbytskyy.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F022", "text": "The first applicant, Mr I. Lutsenko, was kicked in the face by the abductors, and consequently two of his teeth were broken.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F023", "text": "Mr I. Lutsenko and Mr Y. Verbytskyy were placed in a vehicle by the abductors and taken to a remote area.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F024", "text": "Mr I. Lutsenko and Mr Y. Verbytskyy were beaten and ill-treated by the abductors in a remote area.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F025", "text": "On 21 January 2014, the outside temperature in Kyiv was around -10°C.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F026", "text": "According to information provided by the first applicant and information contained in the investigation files, Mr I. Lutsenko and Mr Y. Verbytskyy were taken to a garage after being abducted.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F027", "text": "In the garage, Mr I. Lutsenko and Mr Y. Verbytskyy were questioned by unidentified Russian-speaking individuals about their involvement in the Maidan protests.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F028", "text": "During the questioning in the garage, Mr I. Lutsenko answered the questions in Russian.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F029", "text": "During the questioning in the garage, Mr Y. Verbytskyy answered the questions in Ukrainian.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F030", "text": "During the questioning in the garage, both Mr I. Lutsenko and Mr Y. Verbytskyy were subjected to repeated beatings and other forms of ill-treatment over the course of several hours.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F031", "text": "The abductors put a plastic bag over Mr I. Lutsenko's head and tied it with duct tape.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F032", "text": "A small hole was made in the plastic bag placed over Mr I. Lutsenko's head so that he could breathe.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F033", "text": "The abductors tied Mr I. Lutsenko's hands and legs with duct tape and put him on the floor.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F034", "text": "While Mr I. Lutsenko was lying on his left side, the abductors repeatedly kicked and punched him in the face, head, back, thighs, ankles and hands, particularly aiming to hit his joints.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F035", "text": "Mr I. Lutsenko was beaten with wooden and metal sticks by the abductors.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F036", "text": "During the beating, Mr I. Lutsenko was threatened with death on a number of occasions.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"]}, {"fact_id": "F037", "text": "According to a forensic medical report dated 20 February 2014, established by an expert hired by the State, Mr I. Lutsenko had numerous haematomas and contusions on the trunk of his body, limbs, head and face.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PRINCIPLE EVENTS AT ISSUE"

Fact Mapping:
{"list1": {"scope": ["F011", "F017", "F018"], "interference": ["F020", "F021", "F022", "F023", "F024", "F027", "F030", "F031", "F032", "F033", "F034", "F035", "F036", "F037", "F046", "F047", "F048", "F049", "F050", "F051", "F052", "F053", "F068", "F069", "F070", "F071", "F072", "F076", "F093", "F094"], "prescribed_by_law": [], "legitimate_aim": [], "necessity": [], "positive_obligation": ["F018", "F114", "F115"]}, "list2": {"scope": ["F011", "F017"], "interference": ["F020", "F027", "F046", "F068", "F069", "F072", "F093", "F094"], "prescribed_by_law": [], "legitimate_aim": [], "necessity": [], "positive_obligation": ["F114", "F115"]}, "list3": ["F011", "F017", "F020", "F027", "F046", "F068", "F072", "F093"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "implied"}, "scope_participation": {"conclusion": "yes", "discussed": "explicit"}, "scope_peaceful": {"conclusion": "yes", "discussed": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "no", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": "no", "discussed": "implied"}, "prescribed_by_law_accessible": {"conclusion": "no", "discussed": "implied"}, "prescribed_by_law_safeguards": {"conclusion": "no", "discussed": "implied"}, "legitimate_aim": {"conclusion": "no", "discussed": "explicit", "aims": []}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": "yes", "discussed": "implied"}}}