EIT:n suuren jaoston istunnon tallenne katsottavissa: Ukraine and the Netherlands v. Russia, mm. lentokone MH17 tuhoaminen

Grand Chamber hearing: inter-State case concerning events in eastern Ukraine

The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 26 January 2022 at 9.15 a.m. on the admissibility of the case Ukraine and the Netherlands v. Russia (application nos. 8019/16, 43800/14 and 28525/20).

The case concerns events in eastern Ukraine, including the downing of flight MH17. A recording of the hearing is available on the Court’s Internet site 

https://www.echr.coe.int/Pages/home.aspx?p=hearings&w=801916_26012022&language=en

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.

Procedure

This case encompasses three inter-State applications, namely:

• Ukraine v. Russia (re Eastern Ukraine) (application no. 8019/16) concerning Ukraine’s allegations of violations of the European Convention on Human Rights by Russia resulting from the conflict in eastern Ukraine in 2014. It raises complaints under several Articles, including Article 2 (right to life), Article 3 (prohibition of torture and inhuman or degrading treatment), Article 5 (right to liberty and security) and Article 10 (freedom of expression) of the European Convention on Human Rights. The application dates from 2014 (the original application, including complaints about the events in Crimea in 2014, was lodged on 13.03.2014). See press releases of 26.11.2014 and 01.10.2015. On 7 May 2018 the Chamber dealing with the application decided to relinquish jurisdiction in favour of the Grand Chamber.
• Ukraine v. Russia (II) (no. 43800/14) lodged on 13 June 2014. It 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 complain that the abductions and illegal border-crossings were in violation of Articles 3 (prohibition of torture and inhuman or degrading treatment), 5 (right to liberty and security), 8 (right to respect for private life) and Article 2 of Protocol No. 4 (freedom of movement) to the European Convention.
• The Netherlands v. Russia (no. 28525/20) lodged on 10 July 2020. It concerns the shooting down on 17 July 2014 of Malaysia Airlines flight MH17 over eastern Ukraine, killing 298 persons, including 196 Dutch nationals. The Government of the Netherlands allege that the Russian Government were responsible for the deaths and failed to investigate them, in breach of Articles 2 (right to life), (prohibition of prohibition of torture and inhuman or degrading treatment) and 13 (right to an effective remedy) of the Convention. See press release of 15.07.2020.

On 27 November 2020 the Grand Chamber in inter-State application Ukraine v. Russia (re Eastern Ukraine), no. 8019/16, decided to join to that application the two inter-State applications, Ukraine v. Russia (II), no. 43800/14, and The Netherlands v. Russia, no. 28525/20, which were pending before a Chamber. This decision was taken in accordance with Rules 42 § 1 and 71 § 1 of the Court’s Rules of Court in the interests of the efficient administration of justice. See press release of 04.12.2020. Aside from the joined case, there are currently four other inter-State applications and over 8,500 individual applications pending before the Court concerning the events in Crimea, eastern Ukraine and the Sea of Azov.

Representatives of the parties

Government of Ukraine

• Denys Maliuska, Minister of Justice of Ukraine acting as Agent before the European Court of Human Rights,
• Valeriia Kolomiiets, Deputy Minister of Justice of Ukraine on European Integration,
• Marharyta Sokorenko, Deputy Head of the Office of the agent before the European Court of Human Rights, Head of Department for Representation of the Government in Interstate Cases, Ministry of Justice of Ukraine,
• Oksana Kolomiiets, Head of Division for Representation of the Government in cases regarding the temporarily occupied territory of Donetsk and Luhansk region of the Office of the agent before theEuropean Court of Human Rights, Ministry of Justice of Ukraine,
• Andrii Luksha, Head of the Unit of Legal Protection from the aggressor state of the Department for Representation of the Government in Interstate Cases, Ministry of Justice of Ukraine,
• Ben Emmerson, QC,
• Peter Hood and Annie O’Reilly, Counsel,
• Ivan Lishchyna, Adviser; Ministry of Justice of Ukraine

Government of the Netherlands

• Babette Koopman, Agent of the Kingdom of the Netherlands to the European Court of Human Rights,
• René Lefeber, Legal Adviser, Ministry of Foreign Affairs,
• Liesbeth van Heest, Coordinator Taskforce MH17, Ministry of Foreign Affairs,
• Anne Aagten, Legal officer, Ministry of Foreign Affairs,
• Robin de Ruiter, Legal officer, Ministry of Foreign Affairs,
• Clarinda Coert, Senior legal adviser human rights law, Ministry of Justice and Security,
• Piet Ploeg, Chair of the third-party intervener in application no. 28525/20, Foundation Air Disaster MH17

Government of the Russian Federation

• Mikhail Vinogradov, Representative of the Russian Federation at the European Court of Human Rights, Head of the General Directorate of International Legal Cooperation,
• Denis Grunis, Senior Assistant of the General Prosecutor of the Russian Federation for Special Affairs,
• Aleksandr Devyatko, Deputy Chief Military Prosecutor,
• Anastasiia Khamenkova, senior prosecutor, the Department for the Operation of the Representative of the Russian Federation at the European Court of Human Rights, the General Directorate of International Legal Cooperation,
• Yulia Afanasyeva, senior prosecutor, the Department for the Operation of the Representative of the Russian Federation at the European Court of Human Rights, the General Directorate of International Legal Cooperation.