Convention on the Human Rights: ECHR: Sprecant human rights fractures of Russia in Ukraine

The European Court of Human Rights (ECHR) condemned Russia for “repeated and blatant” human rights violations in Ukraine and for the shooting of the MH17 passenger plane in 2014. Among other things, Russia violated the right to life and violated the ban on torture, judged the judges in Strasbourg. Ukraine and the Netherlands had sued the country before the International Court.

The ECHR has now decided that Russia was responsible for shooting the passenger aircraft with the flight number MH17 above eastern Ukraine – regardless of whether the Russian military or pro -Russian rebels had fired the rocket. Russia failed to carefully check the goal of the rocket and to protect people’s lives on board, the court said.

Constitution of Russia’s behavior in the event of MH17 examination

In addition, Russia hindered the processing of the crash because there was inaccurate or incorrect information to the investigator group of the countries concerned and the rescue of the corpses made it difficult. This had extended the agonizing waiting of the relatives for answers and worsened their suffering. “The type and extent of their persistent suffering were so serious that they represent inhumane treatment,” said the ECHR.

On July 17, 2014, the Boeing of the Malaysia Airlines was hit by a contested area in Eastern Ukraine on the way from Amsterdam to Kuala Lumpur by a Russian air defense rocket that had fired pro -Verus rebels. All 298 people on board died – including 196 from the Netherlands, 38 Australians and four Germans. Russia still rejects any responsibility for this today.

In 2023, an international team of investigators Kremlin chief Vladimir Putin said an active role in the aircraft – however, the evidence was not sufficient for criminal persecution. In November 2022, two Russians and a Ukrainian were sentenced to life imprisonment in 298 cases in the Netherlands and a Ukrainian. In May, the UN Achanging Council blamed the Russian Federation for the shooting, giving the Netherlands and Australia right to demand the legal consequences for the death of dozens of compatriots.

Survives react relieved in the Netherlands

The relatives of the victims in the Netherlands spoke of a “great relief” that the Court of Justice had blamed Russia for the crash. “This is the recognition of what we already knew,” said the chairman of the association of the bereaved of the victims of the crash of the machine, Piet Ploeg. It is important that the whole world also sees that. “It cannot be that a country just gets away.” The executive Prime Minister Dick Schoof called the judgment on platform X an “important step towards justice”.

In their judgment, the judges also found that Russia had established a “system of violations” against human rights in the conflict with Ukraine before the start of the war, specifically in the period from May 11, 2014 to September 16, 2022. According to the ECHR, this included indiscriminately military attacks, executions of civilians and Ukrainian military people, torture and displacement – but also the “suppression of the Ukrainian language in schools” and “indoctrination of school children”.

The ECHR has found the use of heavy weapons since the beginning of the conflict, which had increased after the invasion in 2022, as well as the frequent use of explosive weapons and stray ammunition in inhabited areas. The attacks also directed fleeing civilians and clearly marked hospitals. The ECHR spoke of a blatant disregard for the international legal system.

Effects are likely to be limited

However, the effects of the decision should be limited: Russia does not recognize the judgments of the Court of Justice. The country was excluded from the Council of Europe because of its war of aggression against Ukraine, which has been going on since February 2022. This means that it is no longer a member of the European Convention on Human Rights, which the Court of Justice ensures. However, this can continue to decide on incidents that have occurred up to six months after the exclusion. Council of Europe, Convention on Human Rights and Court are independent of the EU.