SUMMARY OF THE HEARING: 25 JUNE 2024 – MERITS DECISION
Establishment of Jurisdiction and Administrative Practice
The Court unanimously established that the Russian Federation exercised effective control over Crimea from 27 February 2014 and bears responsibility for violations of the Convention occurring from that date.
The Court found that there existed an administrative practice of violations of most substantive provisions of the Convention. It concluded that the incidents were sufficiently numerous and interrelated to constitute a pattern or system of violations officially tolerated by the Russian authorities.
The Court also unanimously found that the Russian Federation failed to comply with its obligations under Article 38 of the Convention by not providing necessary means for the examination of the case.
Facts and Evidence
The Court examined numerous documents, reports of international organizations, witness testimonies, materials of criminal and administrative cases, and official publications of Russian authorities and occupation administrations. Key facts include:
- De facto establishment of Russian authority in Crimea from 27 February 2014, confirmed by military, administrative, and public sources.
- Cases of enforced disappearances, arrests, and detentions of Ukrainian citizens and Crimean Tatars, including journalists, activists, and military personnel, with systemic absence of effective investigation.
- Documented violations of freedom of expression: blocking independent media, forced dissemination of Russian propaganda, introduction of the “foreign agent” label.
- Violations of property rights: mass expropriation of Ukrainian and private property without compensation, including businesses and cultural sites.
- Restrictions on freedom of movement between mainland Ukraine and Crimea, documented through checkpoints with administrative and criminal measures applied.
Key Established Violations (Administrative Practice)
The Court recognized the existence of administrative practice of violations under the following ECHR articles and Protocols:
- Article 2 (Right to Life): Regarding enforced disappearances and lack of effective investigation.
- Article 3 (Prohibition of Torture): Regarding ill-treatment (including detention conditions) of ethnic Ukrainians, Crimean Tatars, journalists, and military personnel.
- Article 5 (Right to Liberty and Security): Regarding unlawful deprivation of liberty.
- Article 6 (Right to a Fair Trial): Courts established after annexation were not “established by law” due to widespread application of Russian law in violation of International Humanitarian Law.
- Article 7 (No Punishment without Law): Regarding retroactive application of criminal law.
- Article 8 (Right to Respect for Private Life): Arbitrary searches, forced change of citizenship, and forced transfer of prisoners from Crimea to penitentiary institutions in Russia.
- Article 9 (Freedom of Religion): Persecution of religious leaders not belonging to the Russian Orthodox Church, searches, and confiscation of property.
- Article 10 (Freedom of Expression): Suppression and closure of non-Russian media, including Ukrainian and Crimean Tatar TV channels.
- Article 11 (Freedom of Assembly): Ban on public gatherings and demonstrations, intimidation, and arbitrary detention of organizers.
- Article 14 (Prohibition of Discrimination) and Article 18 (Limitation of Restrictions): Found violated in conjunction with other Convention articles.
Violations under Protocols
- Article 1 of Protocol No. 1 (Protection of Property): Unlawful and large-scale expropriation of property belonging to Ukraine and private enterprises without compensation.
- Article 2 of Protocol No. 1 (Right to Education): Suppression of Ukrainian language use in schools.
- Article 2 of Protocol No. 4 (Freedom of Movement): Unlawful restriction of freedom of movement between Crimea and mainland Ukraine.
Court Reasoning by Convention Articles
The Court based its conclusions on the analysis of the cumulative incidents, their systemic nature, and official tolerance by Russian authorities:
- Article 2: Violation due to enforced disappearances and lack of investigation.
- Article 3: Ill-treatment and improper detention conditions.
- Article 5: Unlawful arrests and detentions without proper judicial oversight.
- Article 6: Absence of independent and lawful courts.
- Article 8: Arbitrary searches, forced change of citizenship, and transfer of detainees.
- Article 10: Systematic suppression of independent media, website blocking, and pressure on journalists.
- Article 11: Ban on public gatherings and demonstrations, arbitrary detentions of participants and organizers.
Obligations under Judgment (Article 46)
The Court ordered the Russian Federation to take measures to ensure:
- Safe return of detainees from Russian penitentiary institutions to Crimea or under Ukrainian jurisdiction;
- End of persecutions, media blockages, and restrictions on freedom of assembly;
- Effective investigation of enforced disappearances and torture.
Just Satisfaction (Article 41)
The question of applying Article 41 is deferred for further consideration with participation of both parties.
Conclusions and Recommendations
- Russia bears full responsibility for Convention violations in Crimea from 27 February 2014.
- Identified incidents are systemic and form a coherent practice of violations.
- The judgment sets a precedent for assessing state responsibility for systemic violations in conditions of occupation and armed conflict.