The European Court of Human Rights will be holding a Grand Chamber hearing on 12 June 2024 in the case of Ukraine and the Netherlands v. Russia (applications nos. 8019/16, 43800/14, 28525/20 and 11055/22).
The case concerns complaints about the Russian military operations in Ukraine since 24 February 2022 and the conflict in eastern Ukraine involving pro-Russian separatists which began in 2014, including the downing of Malaysia Airlines flight MH17. See press release of 20 February 2023.
The European Court of Human Rights will be holding a Grand Chamber hearing on 12 June 2024 in the case of Ukraine and the Netherlands v. Russia (applications nos. 8019/16, 43800/14, 28525/20 and 11055/22).
The case concerns complaints about the Russian military operations in Ukraine since 24 February 2022 and the conflict in eastern Ukraine involving pro-Russian separatists which began in 2014, including the downing of Malaysia Airlines flight MH17. See press release of 20 February 2023.
After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will, however, be made at a later stage. A limited number of seats are available for the press in the hearing room.
On 12 June 2024 at 9.15 a.m.: Grand Chamber hearing in the case Ukraine and the Netherlands v. Russia (nos. 8019/16, 43800/14, 28525/20 and 11055/22)
Description of the case
This case encompasses four inter-State applications, namely:
Ukraine v. Russia (no. 8019/16), which concerns Ukraine’s allegations of a pattern (“administrative practice”) of continuing violations of a number of Articles of the European Convention on Human Rights by Russia in the context of the conflict in eastern Ukraine from spring 2014. The allegations refer, among other complaints, to unlawful military attacks against civilians which caused many fatalities, including the shooting down of flight MH17, and the summary execution and beating to death of civilians and Ukrainian soldiers who were hors de combat; the torture of civilians and Ukrainian soldiers; forced labour; abductions, unlawful arrests and lengthy detentions; attacks on journalists and the blocking of Ukrainian broadcasters; destruction of private property; and a prohibition on teaching in the Ukrainian language. They allege that those of Ukrainian ethnicity and those who supported Ukrainian territorial integrity were specifically targeted. They rely on Articles 2 (right to life), 3 (prohibition of torture, inhuman and degrading treatment), 4 § 2 (prohibition of forced labour), 5 (right to liberty and security), 9 (freedom of thought, conscience and religion), 10 (freedom of expression), 11 (freedom of assembly and association) and 14 (prohibition of discrimination) of the European Convention on Human Rights and Articles 1 (protection of property), 2 (right to education), and 3 (right to free elections) of Protocol No. 1 to the European Convention.
See press releases of 26.11.2014 and 01.10.2015.
Ukraine v. Russia (no. 43800/14), lodged on 13 June 2014, concerns the alleged abduction of three groups of children in eastern Ukraine between June and August 2014 and their temporary transfer to Russia. The Government of Ukraine submit that there has been an administrative practice in violation of Article 3, Article 5 and Article 8 (right to respect for private life) of the Convention and Article 2 of Protocol No. 4 (freedom of movement) in respect of these incidents.
See press releases of 26.11.2014 and 01.10.2015.
The Netherlands v. Russia (no. 28525/20), lodged on 10 July 2020, concerns the downing on 17 July 2014 of flight MH17. The Government of the Kingdom of the Netherlands allege that the Russian Federation was responsible for the downing of flight MH17, that it did not carry out an effective investigation and that its conduct following the downing of the aircraft caused intense pain and suffering to the victims’ next of kin. They submit that there has been a violation of Article 2, Article 3 and Article 13 (right to an effective remedy) of the Convention.
See press release of 15.07.2020
Ukraine v. Russia (no. 11055/22), lodged on 28 February 2022, 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. They allege administrative practices in violation of Articles 2, 3, 4, 5, 8, 9, 10, 11, 13, and 14 and of Article 1 of
Protocol No. 1, Article 2 of Protocol No. 1, Article 2 of Protocol No. 4 and Article 3 of Protocol No. 4 (prohibition of expulsion of nationals).
See press release of 28.06.2022.
Procedural background
On 26 January 2022, the Grand Chamber held a hearing on the admissibility of application nos. 8019/16, 43800/14 and 28525/20. On 30 November 2022, it declared these applications partially admissible in a decision that was delivered on 25 January 2023: (see press release of 25.01.2023). It found in particular that the areas in separatist hands in eastern Ukraine came within the respondent State’s jurisdiction for the purposes of the Convention on account of its military presence there and its military, political and economic support to the separatist entities. It considered that there was sufficient evidence to satisfy the required standard of proof at the admissibility stage of administrative practices in violation of a number of Articles of the Convention and it declared the majority of the complaints by the Government of Ukraine admissible. Likewise, the evidential threshold for the purposes of admissibility had been met in respect of the complaints of the Government of the Netherlands concerning the downing of MH17 which were therefore also declared admissible. Lastly, the Court joined to the merits the objection raised by the respondent Government as to whether the applicant Ukrainian Government’s complaints of administrative practices of shelling in violation of Article 2 of the Convention and Article 1 of Protocol No. 1 to the Convention, together with associated Article 14 complaints, fell within the Article 1 jurisdiction of the respondent State.
On 17 February 2023 (see press release) the Grand Chamber decided to join application no. 11055/22 to the pending case. The admissibility of the complaints in application no. 11055/22 will be examined alongside the merits of that application and the merits of the other three applications mentioned above.
Thirty third parties (including 26 State Parties to the Convention) submitted written third-party interventions at the merits stage in the case Ukraine and the Netherlands v. Russia (see press release of17.03.2023). Some have also been granted leave to make oral submissions at the hearing.
There are currently three other Ukraine v. Russia inter-State applications and approximately 7,500 individual applications pending before the Court which appear to be related to the events in Crimea, eastern Ukraine and the Sea of Azov and Russia’s military operations on the territory of Ukraine since 24 February 2022.
For further information, see the Q & A on inter-State cases.
Source – ECHR