The European Court of Human Rights (ECHR) released a summary on Monday of inter-state cases alleging that Russia has breached the European Convention on Human Rights in the Russia-Ukraine conflict.
There are four cases related to the conflict that are ongoing, which include accusations of human rights abuses in relation to Russia’s annexation of Crimea, claims of human rights abuses committed in Russia’s military operations in Eastern Ukraine, allegations of the attempted systematic assassination of Ukrainian officials by the Russian government, and a demand that Russia provide medical care to wounded Ukrainian sailors.
In the case concerning the annexation of Crimea, the ECHR held that Russia violated the right to a fair trial and due process by imposing Russian law on the territory, conducting arbitrary arrests, and through the use of extensive police violence. The court also found that the Russian administration conducted violations of the right to freedom of assembly, freedom of religion, and free speech, including the suppression of journalists. The judgment noted that the Russian police often used vague anti-LGBTQ+ legislation to target ethnic minorities and political opponents with raids, violence, and arrests. In addition, violations of the right to free movement, protection of property and the right to education were found. The court is now considering the question of damages.
A case regarding Russia’s military operations in Ukrainian territory and Russia’s shooting down of Malaysia Airlines flight MH17 is ongoing. A hearing on the court’s jurisdiction was held on June 12, 2024, but a decision on the legal claims has not yet been made. A significant issue under consideration is whether the ECHR has jurisdiction to rule on military attacks. Outside the question of jurisdiction, the claims in this case are similar to the Crimea case.
9,264 individual applications make claims based on the alleged rights violations outlined in these two cases. The ECHR’s findings in terms of military jurisdiction will determine the validity of many of the claims made in these individual cases.
The other two inter-state cases are currently pending.
Russia filed a claim against Ukraine in 2021 which accused Ukraine of breaching the human rights of ethnic Russians, but the case was struck out by the ECHR in 2023.