On 26 January 2022 delegations of Ukraine and the Kingdom of the Netherlands are going to meet with delegation of the Russian Federation on hearing on admissibility of the case “Ukraine and the Netherlands v. Russia” (applications nos. 8019/16, 43800/14 and 28525/20) in the European Court of Human Rights (“ECHR”) in Strasbourg (the French Republic). The case is informally known as “Donbas case” and concerns systematic human rights violations on the temporarily occupied territory of Donetsk and Luhansk regions, including the downing of flight MH17.

The main purpose of the Ukraine is to bring Russia to responsibility for its mass human rights violations in eastern Ukraine and to stop these violations as far as possible. Also, decision of the ECHR in this case will have not only legal consequences for Russia.

“It can be used for diplomatic pressure on the aggressor state and for imposing additional sanctions of various levels. It will give Ukraine powerful weapon for further negotiations with our international partners and for proving Russia's responsibility for human rights violations on the temporarily occupied territory of Ukraine. And, as a result, the aggressor will have to pay compensation to those whose rights have been violated. We are talking about compensation within the framework of the interstate application and within the framework of numerous individual applications concerning events in eastern Ukraine”, said Deputy Minister of Justice on European Integration Valeria Kolomiets on the “European Pravda” website.

Admissibility stage of the case is very important because after that, the ECHR will be able to proceed to the merits of the applications concerning Russia's crimes against human rights in eastern Ukraine and application of the Kingdom of the Netherlands as to the downing of flight MH17 and killing of 298 people in July 2014.

The Government of Ukraine submitted thousands of pages and huge amount of video, audio and other evidence to the ECHR, which refute and shatter allegations of the Russian propaganda.

“We will be proving the existence of so-called “administrative practice” of violations of the Convention on Human Rights and its Protocols by the Russian Federation over the period of occupation of Donetsk and Luhansk regions since April 2014. Ukraine will present facts proving that the Russian Federation was directly involved in the occupation of this territory of our state and human rights violations there. We will present evidence that the Russian Federation has exercised de facto control (or, in the language of the Council of Europe, “effective control”) over the temporarily occupied territories of Donetsk and Luhansk regions since April 2014. Moreover, we will prove that occupation of part of Donbas has direct connection with the Russian occupation of the Crimean Peninsula”, emphasized Deputy Minister of Justice.

The Ukrainian delegation is ready to defend interests of its citizens on the legal front of the fight against Russia in Strasbourg. The truth is on our side. We defend, not attack, and do this with all available methods.

Ukraine submitted comments to the European Court of Human Rights on additional questions in the case Ukraine and the Netherlands v. Russia, applications nos. 8019/16, 43800/14 and 28525/20. The comment are related to the following issues: deployment of Russian troops and weapon in areas of Russia bordering Ukraine, in particular with Donetsk and Luhansk regions; participation of Russian nationals in the early protests and in armed groups and entities of the so-called “DPR” and “LPR”; Russian military engaged in activities took place in eastern Ukraine; origin of weapons and military equipment in eastern Ukraine; support by the Russian Federation for the so-called “DPR” and “LPR”; observations concerning “DPR” and “LPR” military.

On 27 November 2020 the Grand Chamber decided to join cases: Ukraine v. Russia (re Eastern Ukraine), Ukraine v. Russia (II) and the Netherlands v. Russia. The above-mentioned cases will henceforth be reffered to as Ukraine and the Netherlands v. Russia (applications nos. 8019/16, 43800/14 and 28525/20).

The Government of Ukraine submitted to the ECHR a written position for public hearing in the case “Ukraine v. Russia (re Eastern Ukraine)” No. 8019/16.

Ukraine's position is as follows:

1. The RF shall be liable for human rights violations committed by the military units of the RF and ‘DPR’/‘LPR’ units controlled by it, as such violations fall under Russia's extra-territorial jurisdiction;
2. The Russian Federation exercises effective control over the temporarily occupied territories of Donetsk and Luhansk regions both directly and through its subordinate ‘DPR’/‘LPR’ from spring 2014 until now;
3. ‘DPR’/‘LPR’ are completely dependent on Russia and exist only due to political, military and financial support, including:
   • involvement of the Russian special services to exacerbation of the armed conflict;
   • regular supply of weapons;
   • recruiting, training and sending ‘volunteers’ and contractors to Donetsk and Luhansk regions to participate in the conflict;
   • direct appointment/dismissal of the leadership of the ‘DPR’/‘LPR’, full control over their actions;
   • shelling of positions of the Ukrainian Armed Forces from the RF territory;
   • direct invasion of the Ukrainian territory by the regular army of the Russian Federation;
   • centralized coordination of armed militant groups throughout the period;
4. The RF shall be liable for the administrative practice of human rights violations at territories not controlled by Ukraine, including assaults, disappearances, torture and killing of civilians, their capture and abuse, torture and extrajudicial executions of both civilians and Ukrainian servicemen, attacks on independent media, journalists, obstruction of the early elections of the President of Ukraine on 25 May 2014 and intimidation of residents in order to prevent their participation in voting, violation of the right to freedom of movement, attacks on religious communities and organizations.

The Government of Ukraine provided evidence of the direct involvement of the Russian Federation in the events in Eastern Ukraine and noted violations of rights provided by Articles 2 (Right to life), 3 (Prohibition of torture), 4 (Prohibition of slavery and forced labor), 5 (Right to liberty and security), 9 (Freedom of thought, conscience and religion), 10 (Freedom of expression), 11 (Freedom of association) and 14(Prohibition of discrimination)of the Convention, Articles 1 (Protection of property), 2 (Right to education) and 3 (Right to free elections) of the First Protocol to the Convention.

The ECHR announced its intention to hold a public hearing in the case. In 2019, the Governments of Ukraine and the Russian Federation must submit written positions for public hearings. Thereafter, the ECHR will decide on the date of the hearings in the case.

The ECHR decided to transfer the inter-State cases of Ukraine versus Russia to the Grand Chamber.

Comments in the case Ukraine v. Russia, No. 8019/16, regarding human rights violations in the temporarily occupied territories of Donetsk and Luhansk regions were provided.

In support of Ukraine's position, a significant body of evidence was provided, including:

• detailed timeline of the RF aggression in the eastern regions of Ukraine in 2014 with the relevant evidence (including photo and video files);
• files, that prove the organization of pro-Russian rallies in the eastern regions of Ukraine in March-April 2014;
• evidence of hidden military buildup by the RF and transfer of units of the Armed Forces of the Russian Federation to the territory of Ukraine;
• border territory shelling;
• illegal crossing of the state border of Ukraine by personnel and military equipment of the Russian Federation;
• evidence of the participation of regular units of the RF Armed Forces in the events in Donbass (photo and video files, weapons of Russian origin not used by the Ukrainian army);
• data on the logistical support of the activities of ‘DPR’/‘LPR’ by the RF;
• testimonies of eyewitnesses of the Russian aggression, testimonies of the persons captured, interrogated and tortured by representatives of the Russian special services (more than 80 witnesses);
• confirmation of economic, humanitarian and political support of the so-called ‘DPR’/‘LPR’ by the RF.

The ECHR fixed the time limit for the Government of Ukraine until 28 February 2017 to submit comments in response to the comments of the Russian Federation. Given the scale of the human rights violations, as well as the position of the Russian Federation, the Government of Ukraine requested the ECHR to provide additional time to prepare Ukraine's position, which was granted by the Court.

The Government of Ukraine sent a request to the ECHR to set a time limit for the Government of Ukraine to provide comments in response to the position of the Government of the Russian Federation on the events in Donbass.

The ECHR sent to Ukraine a comments from the Government of the Russian Federation on the admissibility of case No. 20958/14. The position of the respondent Government limited to allegations of ‘legal entry’ of ‘the Republic of Crimea’ into the Russian Federation following the results of the ‘referendum’ held on 16 March 2014 in Crimea. With regard to human rights violations in the territories of Donetsk and Luhansk regions not controlled by Ukraine, the Russian Government denied any involvement of Russia in the events in Eastern Ukraine.

At the same time, the ECHR informed the Government of Ukraine about the decision to divide the inter-State case Ukraine v. Russia into separate cases (according to geographical criteria), namely:

1. Ukraine v. Russia No. 20958/14 concerning complaints regarding events in the Autonomous Republic of Crimea;
2. Ukraine v. Russia No. 8019/16 concerning complaints regarding events in Eastern Ukraine.

The ECHR instructed Ukraine to comment only on Russia's comments on the events in Crimea (case No. 20958/14).

The ECHR notified the Government of Ukraine about the Russian Government's request for time extension to provide the comments on the admissibility of the inter-State application Ukraine v. Russia.

The ECHR notified the Government of Ukraine about the Russian Government's request for time extension to provide the comments on the admissibility of the inter-State application Ukraine v. Russia.

The ECHR notified the Government of Ukraine about the Russian Government's request for time extension to provide the comments on the admissibility of the inter-State application Ukraine v. Russia.

The ECHR sent the case Ukraine v. Russia to the Government of the RF indicating 25 March 2015 as the time limit to submit comments on its admissibility.

The Government of Ukraine filed the first inter-State application against the Russian Federation with the ECHR in connection with the negative developments in the Autonomous Republic of Crimea since the end of February 2014. On the same day, the ECHR accepted the application and the case Ukraine v. Russia was granted No. 20958/14, giving it priority status in accordance with Article 41 of the ECHR Rules.

Given the further negative developments, including the situation in Eastern Ukraine, this inter-State application was amended by new facts of violations by Russia of the provisions of the Convention during 2014, in particular:

• On June 12, 2014, the Government of Ukraine sent an amendment to the inter-State case No. 20958/14 to the ECHR claiming human rights violations in the uncontrolled territories of Donetsk and Luhansk regions since April 2014;
• On November 20, 2014, the Government of Ukraine sent another amendment to the inter-State application on further violations of human rights by the Russian Federation in the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol and uncontrolled territories of Donetsk and Luhansk regions to the ECHR.