At its last Human Rights meeting from 2 to 4 December on the supervision of the implementation of judgments and decisions from the European Court of Human Rights, the Committee of Ministers adopted a first decision concerning the landmark judgment of the European Court of Human Rights, Ukraine and the Netherlands v. Russia.
In the judgment, the Court made key findings of fact concerning events in the east of Ukraine since spring 2014 and throughout Ukraine from 24 February 2022, including the downing of the MH17 flight in July 2014, killing all onboard. It found numerous violations of the rights protected under European Convention on Human Rights. So far, it is the only Court in the world that is holding Russia to account in this way.
The nature and scale of Russia’s violence in Ukraine are unprecedented in the history of the Council of Europe, as underlined by the Committee of Ministers in its decision. It condemned the unlawful military attacks on civilians and civilian infrastructure in Ukraine, the conduct of Russian agents in occupied territory and the abduction and transfer to Russia of Ukrainian children.
This decision from the Committee of Ministers is a significant step towards our collective goal, namely holding Russia accountable for its war of aggression against Ukraine," said the Secretary General of the Council of Europe, Alain Berset. “It is a key part of the Council of Europe's efforts, which also include the Register of Damage for Ukraine and the future International Claims Commission.”
The Committee underlined that the Court’s finding require Russia to ensure the immediate cessation of all the systemic breaches of the Convention on human rights, and to release or safely return to the jurisdiction of Ukrainian authorities all persons who were deprived of liberty on Ukrainian territory. It also underlined that Russia should cooperate in the establishment of an international and independent mechanism to secure, as soon as possible and with due consideration of the children’s best interests, the identification of all children transferred from Ukraine to Russia before 16 September 2022, the restoration of contact between these children and their surviving family members or legal guardians and the children’s safe reunification with their families or legal guardians. The member states of the Council of Europe resolved to explore all possible means, including with international partners, to support the safe and secure return of these persons to Ukraine as a matter of urgency. The Committee of Ministers will come back to these issues on a regular and frequent basis next year.
Although Russia was expelled from the Council of Europe in March 2022, when it also repudiated the European Convention, it is still required as a matter of international law to comply with the judgments of the European Court that relate to violations it committed while it was still a member.
Full article on main portal of Council of Europe & Ukrainian translation
Decision of the Committee of Ministers
Video of Clare Ovey, Director of Human Rights
