The European Court of Human Rights received a complete application form in the inter-state case of Ukraine v. Russia

04-07-2022

Manon Picard

International Justice and Human Rights Researcher, 

Global Human Rights Defence.

On the 23rd of June 2022, the European Court of Human Rights (ECtHR or the Court) received a completed application form from the Government of Ukraine in the inter-state case Ukraine v. Russia (X) (application no.11055/22). The inter-state case concerns the “Ukrainian Government’s allegations of mass and gross human-rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022”. 

On the 28th of February 2022, the Court had already received a request from the Ukrainian Government for interim measures regarding the inter-state case. In addition, the ECtHR received requests for interim measures from numerous individuals in Ukraine. The President of the Court, on the 1st of March and 4th of March 2022, indicated to the Russian Government the following interim measures: 

“to refrain from military attacks against civilians and civilian objects, including residential premises, emergency vehicles and other specially protected civilian objects such as schools and hospitals, and to ensure immediately the safety of the medical establishments, personnel and emergency vehicles within the territory under attack or siege by Russian troops […]

should ensure unimpeded access of the civilian population to safe evacuation routes, healthcare, food and other essential supplies, rapid and unconstrained passage of humanitarian aid and movement of humanitarian workers”. 

Since the Russian Federation failed to abide by the interim measures indicate by the Court, these were reiterated by the Court on the 16th of March 2022. In the application form of the inter-state case, the Government of Ukraine “allege[s] that the Russian Federation unlawfully invaded Ukraine and that its invasion and occupation of parts of Ukraine were ongoing” and relies on the following breaches to the European Convention on Human Rights: Article 2 (right to life), Article 3 (prohibition of torture and inhuman or degrading treatment), Article 4 (prohibition of slavery and forced labour), Article 5 (right to liberty and security), Article 8 (right to respect for private life), Article 9 (freedom of religion), Article 10 (freedom of expression), Article 11 (freedom of assembly and association), Article 13 (right to an effective remedy), and Article 14 (prohibition of discrimination). The Government of Ukraine has also relied on Article 1 of Protocol No. 1 (protection of property), Article 2 of Protocol No. 1 (right to education), Article 2 of Protocol No. 4 (freedom of movement) and Article 3 of Protocol No. 4 (prohibition of expulsion of nationals) to the Convention. 

The President of the Court has assigned the case to the Fourth Section of the Court and given notice of the application to the Russia Federation, the respondent State.  

Sources and further reading:

European Court of Human Rights. (2022, June 28). Inter-State case Ukraine v. Russia (X): receipt of completed application form and notification to respondent State. Press Release. Retrieved on July 4, 2022, from https://hudoc.echr.coe.int/eng-press?i=003-7372751-10076076