As of February 24, 2022, four interstate cases initiated by Ukraine against the Russian Federation were pending before the European Court of Human Rights. Now there are five of them. Deputy Minister of Justice of Ukraine – Commissioner for the ECtHR in 2016-2021, a member of the Board of the Ukrainian Bar Association , about the status of these cases and the outcome of their consideration ,
KYIV.UkraieGate , 12 , April , 2022 | Ukraine News .
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There are “Crimean case”, “Donbass case”, murder case and sailors case – four… Plus, now Ukraine has filed a new application, today we have applied for a precautionary measure. But, in any case, there will be a new case on the latest developments. Probably, now we can assume that there are already five (interstate cases pending before the European Court of Human Rights – ed.) “, – said Lishchyna.
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Yes, according to him, currently the most progress in the “Crimean case”. In this case, in particular, there is already a decision on admissibility, in which the European Court has recognized that Russia has effective control over Crimea since the end of February 2014, when it de facto occupied the peninsula.
“In Crimea, there is already an exchange of positions on the case on the merits, on human rights violations,” – said the interlocutor.
A hearing on its admissibility was held in the Donbass case, but no decision has been made yet.
In the cases of murders and the capture of sailors in the Kerch Strait, according to Lishchyna, the cases have not yet been communicated and “remain motionless.” Although, he recalls, the case against the sailors was filed in 2018.
Asked how the war in Ukraine affects the timing of interstate cases, the expert said that in some cases the process is slowing down, especially on individual applications, Ukraine is asking for a postponement due to the war.
“On the other hand, in interstate affairs, Ukraine is still trying to meet the deadlines. may have created a sense of impunity in the Russian government, ”he said.
According to a new, latest statement, Ukraine has requested and already received a precautionary measure, but, like many other decisions of international bodies, Russia is not implementing it.
“We already have a clear position on non-compliance with the requirements of the European Court. We have collected the relevant materials and have already sent them to court. We ask you to consider this more or less simple issue as a matter of urgency, in this part, in order to quickly get a decision against the Russian Federation, which would confirm the facts of attacks on civilian objects, this is what the European Court forbade, “said Lishchyna. case.
“Obviously, we understand that Russia will not comply (precautionary measure – ed.), But it will open the way for individual statements, first. Secondly, it will provide an opportunity in other protests, for example, in the International Criminal Court, or, they say, there is an idea to create a separate international criminal tribunal in Ukraine – it will provide an opportunity to rely on this decision of the European Court as a prejudice. the facts have already been established, ”he added.
Asked how quickly you can count on this case, the expert said that, with some effort, you can complete this process in about a year, although it is difficult to say.
“In interstate affairs, the goal is always very simple – to get a decision that there are not just individual violations of certain human rights, but there is a systematic violation – what is really happening in our country,” – said the interlocutor.
He adds that receiving compensation in interstate matters is always additional, incidental, and “to date, there has never been a time when this compensation really compensates for something.”
Source: Ukrgate