The European Court of Human Rights issued one of the most important decisions in its history on Wednesday, July 9, judging the Russian Federation responsible for serious, extensive and systematic violations of the European Convention on Human Rights in 2014, in 2014, Contracting part in contract.
The ruling of the Strasbourg Court concerns the co -instituted transnational appeals of Ukraine and the Kingdom of the Netherlands against Russia. Specifically, human rights violations were examined in the areas of Donetsk and Luhansk by pro -Russian armed groups and Russian forces, as well as the dismissal of Malaysia Airlines’ MH17 flight in 2014, which led to the deaths of 298 people, including 196 people.
The court found a coordinated violations system, including, among other things, inquisitive military attacks on civilians and infrastructure, out -of -court executions, torture – using rape as a weapon of war – forced labor, arbitrary reservations, violent movements. The systematic suppression of the Ukrainian language in schools, the ideological manipulation of students, the silencing of independent media, the persecution of religious and political groups, the looting of private property, as well as the imposition of an extensive “filtering” and intimidation mechanism, were also found.
The decision on MH17 flight
Concerning the downfall of the MH17 flight, the Court ruled that Russia bears immediate and full responsibility. Installed Buk -type missile system in an area with active commercial air traffic, without taking any measures to identify the target or passenger protection. It did not close the airspace, did not inform the Ukrainian authorities, and, when the aircraft was hit – killing all 298 occupants – avoided any substantial cooperation with the international research team (JIT), projecting false and constructed information for misleading.
The court relied on the findings of the JIT and the Hague Criminal Court and found that Russia not only conducted no credible investigation, but actively prevented the revelation of truth, adopting a derogatory and hostile attitude towards international attempts. The refusal of the Russian authorities to arrange for the scene of the crash delayed the retrieve of the corpses for more than eight months. Some relatives were forced to bury incomplete relics; in other cases, body members were returned after burial. Two corpses were never found.
The continued refusal to take responsibility and the long -term silence around the conditions of the tragedy have inflicted the mental pain of the victims’ families. The Court ruled that this prolonged pain, uncertainty, and the infestation of the memory of the dead constitute inhumane and degrading treatment, reflecting the dismissal of MH17 not only as a tragedy, but also as a monumental failure of accountability on the part of a state.
Pending applications
The ECtHR are pending four transnational applications by Ukraine against Russia and about 9,500 individual appeals relating to events in Crimea, Eastern Ukraine, the Azov Sea and Russian Military Operations from 24 February 2022. More than 500 relatives of victims of MH17 flight.
In conclusion, Russia was held responsible for violations of Articles 2, 3, 4§2, 5, 8, 9, 10, 11, 13 and 14 of the Convention, as well as Articles 1 and 2 of Protocol 1, with the Court pointing out that the nature and scale of violence and threats of Russia itself ” International legal order founded after World War II.
The Court ordered Russia to release all people who were deprived of their freedom in the occupied Ukrainian territories until September 16, 2022 and to cooperate immediately to establish an international, independent detection and reunification mechanism of children who were transported to Russia or Russia.
The whole decision
SOURCE:
