The European Court of Human Rights (ECHR) rejected the first inter-state application against Ukraine lodged by Russia under Article 33 (Inter-State cases) of the European Convention on Human Rights. This was reported by the press-service of the European Court of Human Rights.
On July 22, 2021, the Government of Russia has lodged an application with the European Court of Human Rights against Ukraine.
The case concerns the Russian Government’s allegation of administrative practice in Ukraine of, among other things, killings, abductions, forced displacement, interference with the right to vote, restrictions on the use of the Russian language and attacks on Russian embassies and consulates. They also complain about the water supply to Crimea at the Northern Crimean Canal being switched off and allege that Ukraine was responsible for the deaths of those on board Malaysia Airlines Flight MH17 because it failed to close its airspace.
The Russian government notably alleges violations of several articles:
- Article 2 (right to life)
- Article 3 (prohibition of inhuman or degrading treatment)
- Article 5 (right to liberty and security)
- Article 8 (right to respect for private and family life),
- Article 10 (freedom of expression),
- Article 13 (right to an effective remedy),
- Article 14 (prohibition of discrimination),
- Article 18 (limitation on use of restrictions of rights), and
- Article 1 of Protocol No. 1 (protection of property),
- Article 2 of Protocol no. 1 (right to education),
- Article 3 of Protocol No. 1 (right to free elections)
- Article 1 of Protocol No. 12 (general prohibition of discrimination).
In the context of the application, the Russian Government submitted an urgent request under Rule 39 (interim measures) of the Rules of Court to indicate to the Ukrainian Government:
- to stop restrictions on the rights of Russian-speaking persons notably as concerns access to use of their mother tongue in schools, the media and the Internet; and,
- to order the Ukrainian authorities to suspend the blockade of the North Crimean Canal.
The European Court of Human Rights decided to reject the request under Rule 39 of the Rules of Court since it did not involve a serious risk of irreparable harm of a core right under the European Convention on Human Rights.
“Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case. The Court grants such requests only on an exceptional basis when the applicants would otherwise face a real risk of irreversible harm. For further information, see the factsheet on interim measures,” ECHR stated.