ECHR holds hearing on case of occupied Donbas
Pravda Ukraine
Oral proceedings were held at the European Court of Human Rights (ECHR) in the case “Ukraine and the Netherlands against the Russian Federation”. The proceedings concern Russia’s violations of human rights in the occupied territory of Donbas.
Source: Office of the President of Ukraine, as reported by European Pravda
Details: Based on the findings of the oral hearings, the Ukrainian government expects the ECHR to acknowledge the existence of human rights abuses by Russia and proceed to the stage of just satisfaction.
In this case, the court considers Ukraine and the Netherlands’ collective complaint against the Russian Federation that, following the occupation of Donbas in 2014, Russia systematically violated human rights in these territories, or failed to investigate the violations committed there, and that as the occupying state, it should be held accountable for the events in this territory.
Marharyta Sokorenko, Ukraine’s Commissioner for ECHR cases, stated on Facebook that Kyiv presented its view on the merits of the interstate Donbas case, which began in 2014, as well as the legitimacy and substance of the full-scale invasion.
The government of the Kingdom of the Netherlands presented its position on Russia’s downing of Flight MH17, including a speech by a representative of the Foundation Air Disaster MH17, who represented the victims’ relatives.
The UK and Poland’s governments presented their positions independently, while Norway proposed the collective view of all other third parties. Their inquiries focused on extraterritorial jurisdiction and the relationship between international humanitarian law and the Convention on the Protection of Human Rights and Fundamental Freedoms.
Representatives from Russia did not attend the hearing.
In turn, Iryna Mudra, Deputy Head of the President’s Office of Ukraine, stated that the Russian Federation’s violent and savage behaviour breaches the fundamental norms of international law.
“The government of Ukraine demonstrated this with evidence during the proceedings in this interstate case,” the President’s Office stated.
The interim ruling of 25 January 2023 was an undeniable success for Ukraine, particularly because it clearly stated that Russia’s de facto war on Ukraine has been ongoing since 2014, not 2022.
The European Court of Human Rights has chosen to continue to consider claims against the Russian Federation, notwithstanding its removal from the Council of Europe immediately after the outbreak of the full-scale war.
Ukraine’s Ministry of Justice states that Russia remains interested in the proceedings against it in the European Court of Human Rights, despite public statements to the contrary.
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