UKRAINE v. RUSSIA (RE CRIMEA) - 20958/14 (Art 33 - Inter-State application - Administrative practices by Russia predominantly in Crimea resulting in multiple Convention violations - Preliminary objection dismissed : Grand Chamber) [2024] ECHR 569 (25 June 2024)

UKRAINE v. RUSSIA (RE CRIMEA) - 20958/14 (Art 33 - Inter-State application - Administrative practices by Russia predominantly in Crimea resulting in multiple Convention violations - Preliminary objection dismissed : Grand Chamber) [2024] ECHR 569 (25 June 2024)

The Court found that Russia was responsible for an administrative practice of multiple, serious and systemic violations of the European Convention on Human Rights in Crimea, including enforced disappearances, torture and inhuman treatment, arbitrary and incommunicado detention, unfair trials, retroactive application of criminal law, deprivation of property without compensation, suppression of Ukrainian language and culture, discrimination against Crimean Tatars, and abuse of criminal law to silence political opposition. The violations were the result of a continuous State policy, developed and promoted by Russian authorities, and not isolated incidents. The Court also found a lack of...

Citation
[2024] ECHR 569
Parties
Applicant Government: Ukraine; Respondent Government: Russian Federation
Jurisdiction
European Union
Judgment Date
25 June 2024
Procedural Posture
Inter State Application Under Article 33 ECHR / Grand Chamber Judgment on Admissibility and Merits
Outcome
Application allowed in part; multiple violations found against Russia.
Legal Topics
Enforced Disappearances, Torture and Inhuman Treatment, Unlawful Detention, Right to Fair Trial, Right to Private and Family Life, Freedom of Religion, Freedom of Expression, Freedom of Assembly and Association, Discrimination, Protection of Property, Right to Education, Freedom of Movement, Non Retroactivity of Criminal Law, Abuse of Rights, Execution of Judgments
Human Rights Law International Law Constitutional Law Enforced Disappearances Torture and Inhuman Treatment Unlawful Detention Right to Fair Trial Right to Private and Family Life +10 more

Case Brief

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Parties

Ukraine

Applicant Government

Russian Federation

Respondent Government

Procedural Posture

Inter State Application Under Article 33 ECHR / Grand Chamber Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether Russia is responsible for administrative practices in Crimea resulting in multiple violations of the European Convention on Human Rights and its Protocols, including enforced disappearances, torture, unlawful detention, unfair trials, deprivation of property, suppression of language and religion, and discrimination.

Ratio Decidendi

The Court found that Russia was responsible for an administrative practice of multiple, serious and systemic violations of the European Convention on Human Rights in Crimea, including enforced disappearances, torture and inhuman treatment, arbitrary and incommunicado detention, unfair trials, retroactive application of criminal law, deprivation of property without compensation, suppression of Ukrainian language and culture, discrimination against Crimean Tatars, and abuse of criminal law to silence political opposition. The violations were the result of a continuous State policy, developed and promoted by Russian authorities, and not isolated incidents. The Court also found a lack of...

Court Disposition

Application allowed in part; multiple violations found against Russia.

Orders

  • Russia to take measures as soon as possible to secure the safe return of prisoners transferred from Crimea to penal facilities in the Russian Federation.
  • Russia to execute the judgment in accordance with Article 46 ECHR, including individual and general measures.