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ECHR makes decision which will speed up the full-scale Russian invasion case consideration

Monday, 20 February 2023, 18:22

The European Court of Human Rights (ECHR) merges the cases Ukraine and the Netherlands against Russia and Ukraine against Russia (X) concerning Russian full-scale invasion of Ukraine into one big proceeding.

Source: Marharyta Sokorenko, ombudswoman for ECHR, cited by European Pravda

"The ECHR combined the cases Ukraine and the Netherlands against Russia, within the framework of which the court has recognized the Russian occupation of Eastern Ukraine since 2014, and Ukraine against Russia (X) about the Russian full-scale invasion of Ukraine, into one big proceeding. Now the so-called ‘big Donbas case’ became even bigger," Sokorenko reported.

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Sokorenko added that merging the cases undoubtedly has several advantages. One of them is speeding up the consideration of the case Ukraine against Russia (X) concerning the full-scale invasion.

On 25 January 2023, ECHR recognized the so-called Donbas case as acceptable and proceeded to consider it.

Thus, after combining the aforementioned cases, ECHR will go to the consideration stage for the case Ukraine against Russia (X) and Ukraine has "saved" at least one or two years or, more likely, even more.

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Merging the cases will allow the optimisation of the process – it will facilitate a more effective consideration of the case since some aspects of the two cases are similar and complementary. Murders, kidnappings, torture, invasion of privacy and family life, seizing/destroying property, discrimination on the ground of language, religion, worldview – all this is a part of the official policy of Russia since 2014 which was also implemented in the Ukrainian territories seized after 24 February 2022.

Merging of the cases will also allow ECHR to consider the cases in a broader context; make a more profound verdict, since other aspects of human rights violation will be considered as one case; provide Ukraine with more support and a platform for the promotion of its case on the international arena.

Moreover, the big decision of the ECHR may make an important contribution into strengthening international law and order, since instead of separate human right violations, Russia’s violation of principles of peaceful coexistence and its lack of respect for human rights as they are considered in the case.

"The ECHR decision is also a serious reason to strengthen Ukraine’s position in holding Russia accountable in the context of proving a ‘logical chain’ of premeditation and purposefulness of the aggressor’s actions. I consider it to be a great procedural victory for Ukraine in the ECHR," Sokorenko remarked.

On 25 January, the European Court of Human Rights recognized the date of the beginning of Russian control of the occupied part of Ukrainian Donbas.

More details in an article: How "big Donbas case" trial will change the world’s opinion about the Russian aggression

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