Date revealed for ECHR hearings on major case regarding occupied Donbas

The upcoming oral hearings in the interstate case at the European Court of Human Rights (ECHR), entitled "Ukraine and the Netherlands v. Russia" and concerning human rights violations in the occupied territories of Donbas, have been scheduled for 12 June.

According to the Ministry of Justice of Ukraine, on 12 June, the ECHR will hold oral hearings in the interstate case "Ukraine and the Netherlands v. Russian Federation" regarding application nos. 8019/16, 43800/14, 28525/20, and 11055/22.

In this case, the court is considering Ukraine and the Netherlands' joint complaint against Russia. The complaint alleges that following the occupation of Donbas in 2014, Russia systematically violated human rights in those territories or failed to investigate the violations committed there, and as the occupying state, it should be held accountable for the events on this territory.

The Ministry of Justice reminded that in 2023, the court declared the interstate claim admissible and joined two separate cases – "Ukraine and the Netherlands v. Russia" concerning Donbas (application nos. 8019/16, 43800/14, 28525/20) and "Ukraine v. Russian Federation" regarding the full-scale invasion (application no. 11055/22) – into one set of proceedings, "Ukraine and the Netherlands v. Russia" under application nos. 8019/16, 43800/14, 28525/20, and 11055/22.

"Throughout 2023, we provided and completed the written procedure for submitting positions and evidence for the substantive consideration of the case. This accelerated the case's progress, which is scheduled to be considered simultaneously for admissibility and on the merits on 29 May 2024," said Marharyta Sokorenko, the ECHR authorised representative.

She noted that 26 countries and 1 non-governmental organisation have joined the case regarding the full-scale invasion.

Sokorenko mentioned that the ECHR initially intended to hold the hearings on 29 May, but they had been rescheduled to 12 June for procedural reasons.

The interim decision of 25 January 2023 was an undisputed victory for Ukraine, particularly because it clearly stated that Russia's de facto war against Ukraine has been ongoing since 2014, not 2022.

As is generally known, the ECHR has decided to continue considering cases against the Russian Federation, despite its exclusion from the Council of Europe shortly after the start of the full-scale war.

The Ministry of Justice of Ukraine has stated that Russia is continuing to show interest in proceedings against it in the ECHR, despite publicly stating otherwise.