Ukraine Submitted New Application to ECtHR against Russia
On Thursday, Ukrainian Minister of Justice, Denys Malyuska, said that the Ministry had submitted a new lawsuit against Russia to the European Court of Human Rights.
In the lawsuit, Ukraine accuses the Russian authorities of violating the European Convention on Human Rights in the conduct of its illegal invasion of the sovereign territory of Ukraine, reports the press office of the Ministry.
The filing made by Ukraine addresses Russia's egregious human rights violations during the initial phase of the war, from the onset of Russia's invasion in the early hours of 24 February 2022 until the effective withdrawal of its ground forces from around Kyiv and other cities in northern Ukraine on 7 April 2022 (Russia's violations in the period thereafter will be addressed by Ukraine in subsequent filings).
By these proceedings, Ukraine seeks, in addition to orders of the Court requiring the status quo to be restored and full withdrawal of Russian forces, an award of monetary compensation for these violations. It is indicated that at the first stage of the Russian military invasion (late February 2022 – April 2022), the damage amounted to at least US $80 billion.
Ukraine’s application seeks an end to the mass and gross human rights violations that is the result of the military aggression launched by Russia. In due course, the Court will be invited to find that Russia has been guilty of the most flagrant, serious, and sustained violations of the Convention ever placed before the Court, and to award just satisfaction on an equally unprecedented scale.
Russia’s conduct has embraced both targeted and indiscriminate and disproportionate attacks against civilians and their property across Ukraine in breach of all applicable norms of international law.
Despite Russia's exclusion from the Council of Europe, the European Court of Human Rights decided to continue considering lawsuits against Russia. Although Moscow decided not to comply with the decision of the European Court of Human Rights after March 15, 2022.
On February 28, Ukraine applied to the ECtHR for preliminary measures under Rule 39. The ECtHR may, "at the request of a party or any other person concerned, or of their own motion, indicate to the parties any interim measure which they consider should be adopted in the interests of the parties of the proper conduct of proceedings". Interim measures are urgent measures that apply only when the Court believes there is an imminent risk of irreparable harm.
On March 1, the European Court of Human Rights ruled that the Russian Federation should stop attacks and bombing of civilian objects in Ukraine.