The Government of Ukraine submitted answers to more than 50 questions of the European Court of Human Rights before the oral hearings in the case "Ukraine and the Netherlands v. Russia" 18.12.2020

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On 7 December 2020, the Government of Ukraine submitted to the European Court of Human Rights answers to more than 50 questions in the case "Ukraine and the Netherlands v. Russia", which the Court has raised before Ukraine and the Russian Federation before the oral hearing.

Furthermore, Ukraine provided the European Court with evidence of effective control by the Russian Federation over the temporally occupied territory of Donetsk and Luhansk regions, in particular regarding the deployment of Russian troops and weapons on the territories of Russian Federation bordering Ukraine, primarily Donetsk and Luhansk regions, participation of Russian servicemen in the events in eastern Ukraine, origin of armaments and military equipment in eastern Ukraine, support of the so-called “DPR” and “LPR” and the military forces of “DPR” and “LPR” by Russian Federation, and of the admissibility of the evidence of the parties.

Ivan LISHCHYNA: “Firstly, we have submitted answers to more than fifty questions from the ECtHR, which it sent us before oral hearings on the admissibility in case “Ukraine v. Russian Federation (re Eastern Ukraine)”, i.e. in the Donbas case (now “Ukraine and the Netherlands v. Russian Federation”).

This is the best material we have collected for six years of conducting this case! This time, all of the special services provided us with the evidence of effective control over the temporally occupied territory of Donetsk and Luhansk region by the Russian Federation. According to some materials, it will be very difficult for our northern neighbour to explain what they had meant.

Secondly, the ECHR has announced that it is planning a very ambitious schedule for this case next year: by September it intends to intercommunicate the comments concerning the “MH17” between the Netherlands and Russia, as well as comments from all the participants, including third parties (in our case represented two third parties: the Government of Canada and the Human Rights Law Centre - University of Nottingham), and comments on the additional questions from the ECHR. In fact, in 9 months term the Court is trying to reach the stage of the Ukrainian case concerning Donbas with the Dutch case. In “Donbas case” we have been moving to this stage of hearings for six years. Let's see if this will work in practice, but the Court is very serious: it has warned the parties that it will adjourn time-limits only in exceptional cases.

And the most important: the hearing in the case of "Ukraine and the Netherlands v. Russian Federation" is tentatively scheduled on 15 September 2021!

It will be reminded that on 27 November 2020, the European Court indicated to the Governments of Ukraine and the Russian Federation the decision of the Grand Chamber to join to interstate case “Ukraine v. Russia (re Eastern Ukraine)” no. 8019/16 two other cases, namely “The Netherlands v. Russia” no. 28525/20 (relates to the downing on 17 July 2014 of flight MH17 over the territory of Eastern Ukraine) and “Ukraine v. Russia” no. 43800/14 (concerning the abduction of orphans and their transfer to Russia).

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