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Russia will be hold accountable for all its crimes in Ukraine, including in Crimea. Today, June 25, Grand Chamber of the European Court of Human Rights made public its judgement in the CASE OF UKRAINE v. RUSSIA: RE CRIMEA:
Art 2 (substantive and procedural) • Life •…
- Sergiy Kyslytsya 🇺🇦 (@SergiyKyslytsya) June 25, 2024
GRAND CHAMBER
CASE OF UKRAINE v. RUSSIA (RE CRIMEA)
(Applications nos. 20958/14 and 38334/18)
JUDGMENT
Art 33 • Inter-State application • Administrative practices by Russia predominantly in Crimea resulting in multiple Convention violations
Art 2 (substantive and procedural) • Life • Administrative practice of enforced disappearances and lack of effective investigation into credible allegations of such practice • Court’s examination of complaint not limited to individuals unaccounted for • Applicability of Art 2 engaged regardless of the release of most of those abducted
Art 3 (substantive and procedural) • Torture • Inhuman and degrading treatment • Administrative practice of ill-treatment of Ukrainian soldiers, ethnic Ukrainians, Crimean Tatars and journalists • Administrative practice of ill-treatment of “Ukrainian political prisoners” both in Crimea and the Russian Federation and lack of effective investigation • Degrading conditions of detention of “Ukrainian political prisoners” in the Simferopol SIZO in Crimea • Systemic problem resulting from overall shortcoming in organisation and functioning of Crimean prison system
Art 5 • Lawful arrest or detention • Administrative practice of unacknowledged and incommunicado detention of Ukrainian soldiers, ethnic Ukrainians, Crimean Tatars and journalists
Art 5 • Art 7 • Ongoing administrative practice of unlawful deprivation of liberty, prosecution and/or conviction of “Ukrainian political prisoners” based on application of Russian law in Crimea • Retroactive application of criminal law and extension of criminal-law provision in an unforeseeable manner by the courts in Crimea
Art 6 • Tribunal established by law • Wholesale application of Russian law in Crimea after its admission to the Russian Federation, in breach of the Convention as interpreted in the light of International Humanitarian Law • General and wholesale replacement of Ukrainian law • Courts in Crimea not “established by law”
Art 8 • Private life • Administrative practice of preventing permanent citizens of Crimea from effectively being able to opt out of Russian citizenship
Art 8 • Private life • Family life • Home • Administrative practice of unlawful and arbitrary raids and searches of private houses
Art 8 • Family life • Administrative practice of unlawful transfers of Crimean prisoners to penal facilities located on Russian territory
Art 9 • Freedom of religion • Administrative practice of unlawful harassment of religious leaders not conforming to the Russian Orthodox faith, arbitrary raids of places of worship and confiscation of religious property • No legitimate aim or justification provided
Art 10 • Freedom of expression • Administrative practice of unlawfully suppressing non-Russian media, including closure of Ukrainian and Tartar television stations • Administrative practice not “necessary in a democratic society”
Art 11 • Freedom of peaceful assembly • Freedom of association • Administrative practice of unlawfully prohibiting public gatherings and manifestations of support for Ukraine or the Crimean Tartar community as well as intimidation and arbitrary detention or organisers of demonstrations • Administrative practice not “necessary in a democratic society”
Art 10 • Art 11 • Administrative practice of unlawful deprivation of liberty, prosecution and/or conviction of “Ukrainian political prisoners” for exercising their freedom of expression, of peaceful assembly and association
Art 1 P1 • Deprivation of property • Administrative practice of unlawful large-scale expropriation (nationalisation) of property belonging to civilian and private enterprises in Crimea, entailing a conclusive transfer of ownership without compensation • Impugned deprivations disproportionate
Art 2 P1 • Right to education • Administrative practice of suppression of the Ukrainian language in schools and persecution of Ukrainian-speaking children at school • Denial of substance of the right to education
Art 2 P4 • Administrative practice of unlawfully restricting the freedom of movement between Crimea and mainland Ukraine resulting from the de facto transformation by the respondent State of the administrative border line into a State border between the Russian Federation and Ukraine
Art 14 (+ Art 8, 9, 10, 11 and Art 2 P4) • Discrimination • Lack of objective or reasonable justification for discriminating against Crimean Tartars
Art 18 (+ Art 5, 6, 7, 8, 10 and 11) • Restrictions for unauthorised purposes • Art 18 not applicable in conjunction with Art 7 in view of that provision’s non-derogable nature (incompatible ratione materiae) • Art 18 applicable in conjunction with Art 5, 6, 8, 10 and 11 • Administrative practice of restricting the “Ukrainian political prisoners’” rights and freedoms with predominant ulterior purpose of punishing and silencing any political opposition • Continuous State policy, developed and publicly promoted by prominent representatives of important Russian authorities, of stifling any opposition to Russian policies • Pattern of retaliatory prosecution, misuse of criminal law and general crackdown on political opposition to Russian policies in Crimea
Art 38 • Non-compliance with State obligation to furnish all necessary facilities
Art 46 • Execution of judgment • Individual measures • Respondent State to take measures, as soon as possible, to secure the safe return of the prisoners concerned transferred from Crimea to penal facilities located on the Russian Federation’s territory