Denys Malyuska: We are waiting for the official decision of the European Court of Human Rights on the admissibility of the case “Ukraine v. Russia (re Crimea)” 11.01.2021
Denys Malyuska: We are waiting for the official decision of the European Court of Human Rights on the admissibility of the case “Ukraine v. Russia (re Crimea)”
On 14 January 2021, the European Court of Human Rights will announce the decision on the admissibility of the case “Ukraine v. Russia (re Crimea)” no. 20958/14. This was announced by the Minister of Justice of Ukraine Denys Malyuska.
“The decision on the admissibility of the case will not yet be a decision on the merits of the application, but it will certainly be an important intermediate result. If the ECtHR finds the case admissible, the Сourt will proceed to consider the application of Ukraine on the merits” - said Denys Malyuska.
According to the head of the Ministry of Justice, the interstate case “Ukraine v. Russia” has been pending before the European Court of Human Rights since March 2014. The Government of Ukraine lodged the application with the ECtHR on violations by Russia of human rights, guaranteed by the different articles of the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular: Right to life; Prohibition of torture; Right to liberty and security; Right to a fair trial; Right to respect for private and family life; Freedom of thought, conscience and religion; Freedom of expression; Freedom of assembly and association; Prohibition of discrimination.
“A significant amount of information on the developments in the Autonomous Republic of Crimea during the period from February to March 2014 was provided in support of Ukraine's position, in particular concerning deploying of the Russian Armed Forces units on the peninsula and the seizure of military and civilian facilities, and the testimony of 50 witnesses about the occupation of the Crimean peninsula and the violations of the human rights during this period (including those who were held in captivity by the so-called “self-defense of Crimea” and the Russian military)” - informed the Minister of Justice of Ukraine.
“During the oral hearings on the admissibility of this case, which took place in September 2019, the Russian delegation alleged that Ukraine failed to comply with the admissibility criteria set out in the Convention and the interstate case was lodged with the ECtHR solely on the political grounds, but not to protect the human rights and freedoms. Instead, the Government of Ukraine demonstrated that the Russian Federation jurisdiction of over the Autonomous Republic of Crimea since 27 February 2014 has being based on effective control, while the “administrative practice” of human rights violations has been continued since that period. At the same time, the purpose of the interstate case is to establish the jurisdiction of the European Court of Human Rights, the existence of systematic human rights violations, their cessation and prevention of their recurrence.” – explained Deputy Minister of Justice of Ukraine – Agent before the European Court of Human Rights Ivan Lishchyna.