Ukraine to present at ECHR evidence of rights breaches by Russia in occupied Donbas
That’s according to an op-ed by Deputy Minister of Justice for European Integration Valeria Kolomiets, published by the European Pravda online newspaper, the ministry’s press service reports.
On January 26, the delegations of Ukraine and the Kingdom of the Netherlands will meet with representatives of the Russian Federation at the European Court of Human Rights (ECHR) in Strasbourg, France, at a hearing on the admissibility of the Ukraine and the Netherlands v. Russia case (on claims No. 8019/16, No. 43800/14, and No. 28525/20). It is unofficially referred to as the ‘Donbas case,’ concerning human rights violations in the temporarily occupied territories of Donetsk and Luhansk regions," the statement said.
The Ukrainian side aims to bring Russia to justice for mass human rights violations in eastern Ukraine and do its utmost to make these violations stop. In addition, the decision of the European Court of Human Rights in this case will have consequences for Russia that go beyond legal ones.
"It could be used for diplomatic pressure on the aggressor power, for imposing additional sanctions at various levels. It will provide Ukraine with a powerful weapon for further negotiations with our international partners, as well as for proving Russia's responsibility for human rights violations in the temporarily occupied territories of Ukraine and, as a result, for having the aggressor pay compensation to those whose rights have been violated. And it is a question of compensation both within the limits of the interstate claim, and within the limits of numerous individual suits concerning the events in Donbas," Kolomiets noted.
According to the official, the admissibility consideration stage is important because after that, the European Court will be able to consider on the merits the claim over Russia's crimes against human rights in eastern Ukraine and that of the Kingdom of the Netherlands over the downing of Malaysia Airlines MH17 flight killing 298 people.
The Ukrainian side has submitted thousands of pages and huge stocks of video, audio, and other material evidence to the ECHR, which shatter counter-allegations voiced by Russian propaganda.
According to Kolomiets, Ukraine is ready to defend its position in court.
“We will prove that in Russia has existed a so-called ‘administrative practice’ regarding violations of the Convention on Human Rights and its Protocols throughout the period of occupation of Donetsk and Luhansk regions since April 2014. Ukraine will present facts to confirm that the Russian Federation was directly involved in the occupation of this territory of our state and human rights violations in that territory. We will present evidence that the Russian Federation has exercised de facto control (or, in the language of the Council of Europe, “effective control”) over the temporarily occupied territories of Donetsk and Luhansk regions since April 2014. Moreover, we will prove that the occupation of Donbas has a direct connection with Russia's occupation of the Crimean peninsula," said the deputy minister of justice.
As Ukrinform reported earlier, the European Court of Human Rights had postponed the hearing in the case of Ukraine and the Netherlands v. Russia from November 24, 2021, to January 26, 2022.
im
