The Government of Ukraine filed a request with the ECHR requesting it to order the Government of the RF to ensure the conventional rights of captured Ukrainian Navy servicemen
On 25 November 2018, 24 servicemen of the Ukrainian Naval Forces were captured as a result of the attack of vessels of the Border Service of the Federal Security Service of the Russian Federation on three Ukrainian vessels of the Naval Forces of the Armed Forces of Ukraine – the Nikopol, the Berdyansk, the Yani Kapu in the Kerch Strait. In this regard, the Government of Ukraine filed a request with the ECHR on 28 November 2018 under the Rule 39 of the Rules of ECHR requesting it to order the Government of the Russian Federation to ensure the conventional rights of captured Ukrainian Navy servicemen, including provision of medical care to the wounded and return of the captured servicemen to Ukraine.
For reference: Pursuant to Rule 39 of the Rules of Court, the ECHR may indicate interim measure 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.
The Government of Ukraine claimed that the actions of the Russian Federation contradicted the rules of international humanitarian law, which regulates the treatment of prisoners of war, which in turn leads to a violation of Art. 2, 3 and 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Government of Ukraine requested the ECHR to order the Government of the Russian Federation to:
- provide comprehensive information on the state of health and conditions of detention of Ukrainian servicemen;
- provide appropriate treatment to wounded servicemen;
- return wounded servicemen to Ukraine immediately as soon as their state of health allows transportation;
- return the servicemen to Ukraine, but before it – to ensure conditions of detention according to humanitarian law, in particular, first of all, to release them from the penitentiary institutions.