Ukraine v. Russia (ІІ) № 43800/14

Ukraine vs Russia

The case concerns the occasions of abduction of orphan children and children deprived of parental care, as well as adults accompanying them by representatives of the so-called ‘DPR’ and ‘LPR’ on 12 June, 26 July and 8 August 2014, and attempts of their illegal movement or actual transportation to the Russian territory.

Status:

At this time, there are expected the instructions of ECHR on further consideration of the case

Timeline

  • 2017
  • 2016
  • 2015
  • 2014

08 September

Сomments were provided in the case Ukraine v. Russia (II) under the application No. 43800/14 concerning the abduction of orphan children and disabled children in Donetsk and Luhansk regions by representatives of the Russian occupation authorities, the so-called ‘DPR’ and ‘LPR’, and their illegal transfer or actual transportation to the territory of Russia.

The Government of Ukraine states the following:

  1. The purpose of Ukraine's application is to protect the violated rights of orphan children and adults abducted and forcibly transferred to the RF. The inter-State application is admissible and shall be considered by the ECHR;
  2. The RF shall bear full responsibility for the actions of the so-called ‘DPR’ and ‘LPR’, as it supervises their activities and comprehensively supports them (incl. military, political, economic, humanitarian support). Therefore, the Russian Federation is liable for violating the rights of orphan children and accompanying adults in parts of Donetsk and Luhansk regions not controlled by Ukraine;
  3. The allegation of the RF Government about the voluntary relocation of orphans and accompanying persons to the territory of the Russian Federation is untrue and unsubstantiated.

26 January

The ECHR sent to the Government of Ukraine the Russian Government’s comments on the admissibility of the inter-State application “Ukraine v. Russia (II)”. In its comments, the RF Government states that:

  1. Application of Ukraine is inadmissible because it does not regard human rights violations, being a part of a Ukrainian campaign on accusation of the RF and shifting responsibility for violence in the eastern regions of Ukraine thereto;
  2. Orphan children and accompanying adults have voluntarily left for the territory of the Russian Federation in order to ensure their safety;
  3. The Russian Federation is not involved in the abduction of orphan children; on the contrary, it has taken all possible measures for the safe and rapid return of children to Ukraine.

10 September

The ECHR notified the Government of Ukraine on satisfaction of the RF Government's request to provide an additional time for the RF to comment on the admissibility of the inter-State application “Ukraine v. Russia (II)”.

24 March

The ECHR notified the Government of Ukraine on satisfaction of the RF Government's request to provide an additional time for the RF to comment on the admissibility of the inter-State application “Ukraine v. Russia (II)”.

25 November

The ECHR sent to the Government of the RF the case “Ukraine v. Russia (II)” for providing comments as to its admissibility.

22 August

The Government of Ukraine filed an inter-State application against the Russian Federation regarding the abduction of orphans by representatives of the Russian occupation authorities of ‘DPR/LPR’ and attempts of their illegal transfer or actual transportation to the territory of the Russian Federation.

The case concerns the occasions of abduction of orphan children and children deprived of parental care, as well as adults accompanying them by representatives of the so-called ‘DPR’ and ‘LPR’ on 12 June, 26 July and 8 August 2014, and attempts of their illegal transfer or actual transportation to the Russian territory.

In the inter-State application, the Government alleges violations by the Russian Federation of the rights of children and adults guaranteed by Articles 2 (Right to life), 3 (Prohibition of torture), 5 (Right to liberty and security), 8 (Right to respect for private and family life) of the Convention and Article 2 of the Fourth Protocol to the Convention, which guarantees the right to freedom of movement within a State’s territory.

12 June

Ukraine applied to the ECHR pursuant to Rule 39 of the Rules of ECHR in connection with the abduction of orphans by members of the DPR in Snizhne city, Donetsk region, and their illegal transfer to the Russian Federation.

Ukraine requested the ECHR to order the Government of the Russian Federation to provide Ukrainian representatives with access to Ukrainian orphans and to ensure their immediate return to Ukraine.

For reference: Pursuant to Rule 39 of the Rules of Court, the ECHR may indicate interim measures to any State Party to the Convention. Interim measures shall mean urgent measures that are applied only in cases where there is a risk of irreparable harm. By virtue of Rule 39 of the Rules of Court, the ECHR may apply interim measures which are binding on the State.

On that day, the ECHR registered the application of the Government of Ukraine under No. 43800/14 titled “Ukraine v. Russia (II)” and instructed the Russian Government under Rule 39 of the Rules of ECHR to enforce the conventional rights of abducted orphans and return them to Ukraine immediately.

The Ukrainian consul was admitted to the children. They were returned to Ukraine on 13 June 2014.

Analy­tics

All analytics

IVAN LISHCHYNA: "I HAVE ONE POLITICAL AMBITION – TO END THE CASES REGARDING DONBASS AND CRIMEA"

The reappointment of Ivan Lishchyna to the post of Deputy Minister of Justice, Agent before the European Court of Human Rights after the change of power in legal circles was called a positive signal. He has been representing Ukraine in the ECHR since June 2016.
Read more

RUSSIA IN THE ECHR: CRIMEA WAS NOT ANNEXED, UKRAINE AND THE WEST FORGED THE EVIDENCES

Representatives of Russia assured the European Court of Human Rights that Ukraine was controlled by “fascists” in February-March 2014. Russian soldiers simply “protected” the Crimean people from them, until Crimea “joined" Russia on 18 March 2014. They claim allegations of gross human rights violations to be "baseless", and Ukraine's claim against Russia to be "political" and based on the "propaganda imperative" of accusing Russia of events in Crimea and Eastern Ukraine.
Read more

WAR WITH RUSSIA: REPORT FROM THE LEGAL FRONT

Ukraine is at war with Russia on several fronts, and the legal front is far from being secondary.
Read more

IVAN LISHCHYNA: WE ARE GROWING SHARP-TOOTHED PIRANHAS THAT WILL TATTER RUSSIA IN THE ECHR

According to the latest data of the European Court of Human Rights (ECHR), more than half of the complaints against Ukraine are related to the events in Crimea and Donbas. The list of applicants paradoxically includes both pro-Russian separatists and Ukrainian volunteers.
Read more