ECHR obliges Russia to ensure rights of captured Azovstal defenders

The press service of Ukraine’s Ministry of Justice said this in a statement posted on Facebook, Ukrinform reports.

"On August 23, 2022, the ECHR urgently considered Ukraine's petition regarding Russia's observance of the rights of captured defenders of Ukraine and extended the application of urgent measures in the interstate case "Ukraine v. Russia (X)" regarding prisoners of war. Having considered Ukraine's petition, the ECHR noted that in the case of ‘Oliynychenko v. Russia and Ukraine,’ it issued urgent measures to the Russian Federation to immediately ensure the rights enshrined in the Convention, including medical assistance, covering any requests on behalf of Ukrainian prisoners of war, in which sufficient evidence was provided regarding the serious and imminent risk of causing irreparable damage to their physical integrity (Article 3 of the Convention) and/or the right to life (Article 2 of the Convention)," the ministry said.

As noted, the ECHR emphasized that the instructions given to Russia regarding Ukrainian prisoners of war continue to apply, and indicated that they are applied in the interstate "Ukraine v. Russia (X)". In addition, the ECHR urgently informed the Committee of Ministers of the Council of Europe about this ruling.

"The ECHR’s ruling is a confirmation that the court is attentive to all cases related to armed aggression, regardless of whether it is an interstate or an individual case. Temporary measures in the interstate case of Ukraine against Russia now also cover the rights of prisoners of war," said Deputy Minister of Justice Iryna Mudra.

As earlier reported, the Ministry of Justice and Ministry for Foreign Affairs of Ukraine, within the framework of the interstate case "Ukraine v. Russia (X)", submitted a number of new urgent claims to the ECHR to ensure the right to life and the prohibition of torture in relation to the Ukrainian Azovstal defenders, who were captured by the Russian invaders.

Ukraine also demanded that urgent measures be taken to prevent the exploitation of Ukrainian defenders in any kind of "tribunals" and other sham courts staged by the Russian invaders.

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