EIT:n väliaikaismääräys: siviilikohteet Ukrainassa jätettävä rauhaan, Venäjän hallituksen selvitettävä miten tämä on toteutettu. Evakuointireitit turvattava.

7.3.2022 | Oikeusuutiset

Markku Fredman

Decision of the Court on requests for interim measures in individual applications concerning Russian military operations on Ukrainian territor

In its interim measure of 1 March 2022, the Court (the President of the Court) had regard to the current military action which commenced on 24 February 2022 in various parts of Ukraine and considered that it gave rise to a real and continuing risk of serious violations of the Convention rights of the civilian population, in particular under Articles 2 (right to life), 3 (prohibition of torture and inhuman or degrading treatment or punishment) and 8 (right to respect for private and family life) of the European Convention on Human Rights. With a view to preventing such violations and pursuant to Rule 39 of the Rules of Court (see Georgia v Russia (II) (no. 38263/08), interim measure, 12 August 2008, Ukraine v Russia (no. 20958/14), interim measure, 13 March 2014, Armenia v Azerbaijan (no. 42521/20), interim measure, 29 September 2020, and Armenia v Turkey (no. 43517/20), interim measure, 6 October 2020), the Court decided, in the interests of the parties and the proper conduct of the proceedings before it,

to indicate to the Government of Russia to refrain from military attacks against civilians and civilian objects, including residential premises, emergency vehicles and other specially protected civilian objects such as schools and hospitals, and to ensure immediately the safety of the medical establishments, personnel and emergency vehicles within the territory under attack or siege by Russian troops.

The Government of the Russian Federation were requested to inform the Court as soon as possible of the measures taken to ensure that the Convention is fully complied with. The Court also gave immediate notice of the above interim measures to the Committee of Ministers of the Council of Europe in accordance with Rule 39 § 2 of the Rules of Court.

The Court has already received a number of requests for interim measures from individuals against the Government of the Russian Federation. These persons include those taking refuge in shelters, houses and other buildings, fearing for their lives due to ongoing shelling and shooting, without or with limited access to food, healthcare, water, sanitation, electricity and other interconnected services essential for survival, in need of humanitarian assistance and safe evacuation. Having regard to the general scope and nature of the above interim measure, already indicated to the Government of the Russian Federation on 1 March 2022, and taking into account the Court’s previous practice (see NA. v. the United Kingdom, no. 25904/07, § 21, 17 July 2008), the Court (the President of the Court) decides that this interim measure, under Rule 39 of the Rules of Court, shall be considered to cover any request brought by persons falling into the above category of civilians who provide sufficient evidence showing that they face a serious and imminent risk of irreparable harm to their physical integrity and/or right to life (see Lisnyy v. Ukraine and Russia (dec.), nos. 5355/15, 44913/15 and 50853/15, §§ 25-30, 5 July 2016). With regard to such requests, the Court moreover decides to indicate to the Government of the Russian Federation, under Rule 39, that, in accordance with their engagements under the Convention, notably in respect of Articles 2, 3 and 8, they should ensure unimpeded access of the civilian population to safe evacuation routes, healthcare, food and other essential supplies, rapid and unconstrained passage of humanitarian aid and movement of humanitarian workers.

The press release is available in PDF format. Click here to download it.


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