Russia in the Case-Law of the European Court of Human Rights

The tragic experiences of World War II and the atrocities committed by various totalitarian regimes demonstrated that national mechanisms for protecting democracy and human rights were not always sufficient. Consequently, it was necessary to establish legal frameworks for protecting human rights, at a supranational level. This resulted in, among others, the development of the European Convention on Human Rights (ECHR), which was signed in Rome on 4 November 1950. The creation of the ECHR led to the establishment of a supranational judicial body, the European Court of Human Rights (ECtHR).

The events in eastern Ukraine, particularly in the Luhansk and Donetsk regions, along with the unrest in Crimea, were used by the Russian Federation as a pretext to deploy its troops to those territories. The newly established authorities in Crimea called on Russia to ensure peace and security for its inhabitants. Russia’s military operations in Ukraine forced the Ukrainian authorities to actively pursue international justice mechanisms and raise worldwide awareness of the conflict. Ukraine’s applications to the European Court of Human Rights (ECtHR) against Russia concerned military aggression, supporting and financing of terrorist groups in the self-proclaimed Donetsk and Luhansk People’s Republics, as well as discrimination against ethnic minorities and violations of human rights, civil liberties, and freedoms in Crimea and eastern Ukraine. Beyond its moral and symbolic significance, seeking justice in international courts can have important financial implications.

Following Russia’s attack on Ukraine on 25 February 2022, the Committee of Ministers of the Council of Europe immediately suspended Russia from its rights of representation in the Council of Europe, describing Russia’s actions as “a breach of peace on a scale unseen on the continent of Europe since the establishment of the Council of Europe.” During its extraordinary session on 15 March 2022, the Parliamentary Assembly of the Council of Europe voted to exclude Russia from the Council. Earlier that day, Russia’s Foreign Ministry announced the withdrawal of Russian Federation from the Council of Europe and its intention to withdraw from the European Convention on Human Rights. In its opinion, the Parliamentary Assembly stated that “the Russian Federation has escalated its military activities against Ukraine to unprecedented levels, causing thousands of civilian casualties, displacing millions of people and devastating the country. In launching this further military aggression, the Russian Federation has chosen recourse to force over dialogue and diplomacy to achieve its foreign policy objectives, in violation of the legal and moral norms that govern the peaceful coexistence of States. This conduct shows disregard for the very essence of the Council of Europe, as enshrined in its Statute (ETS No. 1), which is the conviction that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilization.” Russia’s membership in the Council of Europe was suspended on 10 April 2014, following its annexation of Crimea and military operations in eastern Ukraine. However, on 17 May 2019, the Committee of Ministers of the Council of Europe adopted a declaration supporting the restoration of full voting rights for the Russian delegation in the Parliamentary Assembly of the Council of Europe. This declaration was viewed as a victory for Moscow, which made no concessions or changes in its aggressive policies towards Ukraine. After the events of February 2022, reinstating Russia’s membership rights in the Council of Europe was deemed unacceptable. As a result, its membership officially ended on 16 March 2022. Subsequently, on 16 September 2022, in accordance with the resolution adopted by the Committee of Ministers on 23 March 2022, the Russian Federation ceased to be a High Contracting Party to the European Convention on Human Rights. This means that the European Court of Human Rights will consider applications against Russia for alleged violations of the Convention that occurred before 16 September 2022. 

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