Ukraine filed a lawsuit against Russia with the ECtHR
Kyiv accused Moscow of violating seven articles of the European Convention on Human Rights after the start of the military operation in Ukraine. Russia has ceased to be a member of the Council of Europe since March, since June the law on non-execution of ECtHR decisions has been in force *
The Ministry of Justice of Ukraine has filed a lawsuit against Russia with the European Court of Human Rights (ECHR), the ministry said in a statement.
In the lawsuit, Ukraine accuses the Russian authorities of violating the provisions of the European Convention on Human Rights in connection with the military operation. It's about Art. 2 (right to life), art. 3 (prohibition of torture), art. 5 (right to liberty and security of person), Art. 8 (right to respect for private and family life), art. 9 and 10 (freedom of thought, conscience, religion and expression), Art. 11 (freedom of assembly and association) and Art. 1 of protocol 1 (protection of property).
According to the Ministry of Justice, the document refers to the events from February 24 to “the actual withdrawal of Russian ground forces from the outskirts of Kyiv and other cities to north» April 7th. The agency also promised to file additional complaints related to Russia's actions after April 7.
The claim was filed in the interests of individuals and legal entities; within its framework, Ukraine demands the complete withdrawal of Russian troops and the award of monetary compensation to the victims.
The jurisdiction of the ECHR extends to all states that are members of the Council of Europe and have ratified the European Convention on Human Rights. Russia has not been a member of the Council of Europe since mid-March. On the night of March 15, the Parliamentary Assembly of the Council of Europe (PACE) Committee on Political Affairs and Democracy prepared a draft calling for the exclusion of Russia. In the afternoon, Foreign Minister Sergei Lavrov handed over to the Secretary General of the Council of Europe the decision to withdraw the country. Later, the ECHR ruled that Russia would cease to be a party to the European Convention on Human Rights from 16 September. Until the same date, the ECHR will consider complaints against Russia.
In June, President Vladimir Putin signed laws on Russia's non-compliance with ECHR decisions taken after March 15.
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Ukraine has previously filed a number of complaints against Russia with the ECtHR. They concerned the events in Donbass, in particular, the crash of a Boeing 777 of Malaysia Airlines in July 2014, the entry of Crimea into Russia, and the incident with Ukrainian ships in the Kerch Strait in 2018. Kyiv filed its last complaint in February 2021. It stated that Russia was carrying out “targeted assassinations of [its] alleged adversaries”; on the territory of Ukraine and abroad, thus violating Article 2 (the right to life).
Russia, in turn, filed a complaint against Ukraine in July 2021. Moscow blamed Kyiv on ten counts, including the deaths of protesters during the Euromaidan 2014, the suppression of freedom of speech, discrimination against the Russian-speaking population and Russian businesses, depriving the residents of Donbass of the opportunity to participate in elections to the central authorities.
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