Ukraine v. Russia (IX) (concerning administrative practice of targeted assassination operations against perceived opponents of the Russian Federation) 10691/21
Ukraine vs Russia
It is not a secret that confrontation with the Russian Federation is going in all spheres of our live. Constant struggle is continuing on the legal front, inter alia, in the European Court of Human Rights (ECHR).
On 19 February 2021 the Government of Ukraine lodged a new inter-State application against the Russian Federation under Article 33 (Inter-State cases) of the European Convention on Human Rights. On 22 February 2021 the ECHR informed the Ukrainian Government that it has been registered under application no. 10691/21.
The application concerns the Ukrainian Government’s allegations of an ongoing administrative practice by the Russian Federation consisting of State-authorised targeted assassination operations against perceived opponents of the Russian Federation in Ukraine and on the territory of other member States of the Council of Europe.
For a long period, the Russian Federation widely uses assassinations as a part of terror tactics on its own territory and on the territory of other States. This practice has been spread on Ukrainian territory since the Russian aggression and occupation of part of our territory started.
Since 2014 members of Russian special services, recruited by them persons and members of the Russian occupational administration “D/LPR” have committed a number of assassinations and assassination attempts which have caused significant resonance in Ukrainian society.
However, the Russian Federation doesn’t investigate these crimes and tries to impute responsibilities for them to another States, including Ukraine.
This is gross violation of Russia's international legal obligations such as right to life guaranteed by Article 2 of the European Convention on Human Rights. The Ukrainian Government alleges a violation of both the substantive and procedural aspects of this Article.
Existing cases of extrajudicial use of lethal force are also sufficient for the ECHR to establish existence of so-called "administrative practice", i.e. systematic violations of the European Convention on Human Rights, which are supported or tolerated by the State.
In new inter-State application concerning assassinations the Government of Ukraine appeals to the ECHR to confirm the existence of such practice when the Russian Federation pursues deliberated policies of physical liquidation of persons who, in Russia's opinion, “are a threat to its security”.
And now Ukraine is opening new area on the legal front confrontation with Russia in the ECHR!
Status:
On 19 February 2021 the Government of Ukraine lodged a new inter-State application against the Russian Federation with ECHR.
Timeline
- 2021
22 February
On 19 February 2021 the Government of Ukraine lodged a new inter-State application against the Russian Federation under Article 33 (Inter-State cases) of the European Convention on Human Rights. This is the ninth inter-State application lodged by Ukraine against the Russian Federation.
The application concerns the Ukrainian Government’s allegations of an ongoing administrative practice by the Russian Federation consisting of State-authorised targeted assassination operations against perceived opponents of the Russian Federation in Russia and on the territory of other States, including other member States of the Council of Europe, outside a situation of armed conflict.
The Ukrainian Government also alleges an administrative practice by the Russian Federation of failing to investigate these assassination operations and of deliberately mounting cover-up operations aimed at frustrating efforts to find the persons responsible. The Ukrainian Government alleges a violation of both the substantive and procedural aspects of Article 2 (right to life) of the Convention.
On 22 February 2021 the ECHR accepted the application and the case Ukraine v. Russia has been registered under application no. 10691/21.