Ministry of Justice: Cases against Russia Considered by ECHR on Ukraine’s Claims

13.09.2025

Ministry of Justice: Cases against Russia Considered by ECHR on Ukraine’s Claims

Since 2014, Ukraine has actively utilized international mechanisms to protect the state’s interests and hold Russia accountable for gross human rights violations. A significant aspect of this activity has been Ukraine’s recourse to the European Court of Human Rights (ECHR) with interstate applications against Russia. Currently, the Court is handling four cases covering crimes committed by Russia in Crimea, Donbas, the Kerch Strait, as well as a series of high-profile targeted killings on the territory of Ukraine and other Council of Europe member states.

Each of the interstate cases documents the existence of an administrative practice — systematic and repeated actions by Russia aimed at suppressing freedoms and persecuting individuals based on nationality, political beliefs, or civil stance.

As of May 2025, Ukraine’s four interstate cases against the Russian Federation are at various stages of consideration in the European Court of Human Rights. Some have already yielded interim results, internationally confirming the facts of extensive human rights violations by Russia.

In our material, we delve deeper into Ukraine’s efforts towards restoring justice at the ECHR.

“Ukraine v. Russia (Crimea): First Judgment of International Justice”

This case marked Ukraine’s first interstate application under which the European Court of Human Rights rendered a substantive decision. It encompasses events from February 27, 2014, when Russia established effective control over the Autonomous Republic of Crimea and the city of Sevastopol. The Court’s decision of June 25, 2024, recognized numerous human rights violations by Russia: the right to life, freedom and personal integrity, freedom of thought and religion, access to education, property rights, and protection against discrimination. The ECHR paid particular attention to the practices of mass persecutions, torture, forced passportization, oppression of Crimean Tatars, and the imposition of Russian legislation on the occupied territory.

This judgment marked Ukraine’s first victory at the ECHR within interstate cases, as the Court unequivocally acknowledged both Russia’s control over the peninsula and the existence of a systematic, administrative practice of human rights violations. Based on this case, the Court for the first time established that Russia’s actions in Crimea since the occupation were not only illegal under international law but also accompanied by deliberate repression of the population.

The Committee of Ministers of the Council of Europe, responsible for supervising the ECHR’s judgments, called on Russia to immediately release political prisoners, cease torture and the transfer of detainees, ensure unhindered activity of international monitoring bodies in Crimea, as well as lift unlawful restrictions on freedom of movement, education in Ukrainian, and the rights of Crimean Tatars. The Committee emphasized that despite Russia’s withdrawal from the Council of Europe, it is obliged to comply with the Court’s decisions.

“Ukraine and the Netherlands v. Russia”: Donbas, MH17, and Full-Scale War

This is the largest interstate case combining four applications: Nos. 8019/16, 43800/14, 28525/20, and 11055/22. It covers the period from 2014 to the present and concerns crimes in the occupied territories of Donetsk and Luhansk regions. The case also includes complaints about Russia’s actions during the full-scale invasion that began on February 24, 2022.

A significant part of the proceedings involves the Netherlands’ claim regarding the downing of the Malaysian MH17 flight in July 2014, resulting in the deaths of all 298 people on board. The ECHR established that the MH17 crash occurred in an area under the effective control of Russian occupation administrations, thus falling under Russia’s jurisdiction.

On January 25, 2023, the ECHR deemed the case partially admissible and proceeded to examine it on the merits. Given the scale of violations, 26 states and several international organizations have joined the case as third parties. It is expected that the ECHR will soon deliver a judgment and move on to consider the issue of fair satisfaction.

It is worth noting that on July 22, 2021, the ECHR also registered a Russian Federation interstate application against Ukraine No. 36958/21, within which Russia requested to join the case “Ukraine and the Netherlands v. Russia” and take urgent measures against Ukraine. The Court rejected the application of Rule 39, finding no risk of irreparable harm, and on July 4, 2023, definitively refused to continue the case and removed it from the register.

“Ukraine v. Russia (VIII)”: Aggression in the Kerch Strait and Capture of Ukrainian Sailors

This case concerns Russia’s attack on three Ukrainian naval vessels in the Kerch Strait on November 25, 2018, and the capture of 24 Ukrainian sailors. The Government of Ukraine filed application No. 55855/18, alleging violations by Russia of the provisions of the European Convention on Human Rights, particularly Articles 2 (right to life), 3 (prohibition of torture, inhuman or degrading treatment), 5 (right to liberty and personal integrity), 6 (right to a fair trial), and 38 (obligation of states to cooperate with the ECHR in case proceedings). The application is based on evidence of unlawful detention, detention under inhumane conditions, and lack of fair judicial process.

The ECHR promptly applied interim measures under Rule 39 of the Regulations, obliging Russia to provide proper medical care to the wounded and clarify the legal grounds for detention. Despite these direct instructions, the Russian government did not provide information within the Court’s set deadline, citing an intention to do so “within a reasonable time” at its discretion. As of March 2024, the ECHR received comments from the Government of Ukraine on the substance of the case and is preparing for further consideration.

“Ukraine v. Russia (IX)”: Russian Practice of Eliminating Kremlin Opponents

The latest of the active interstate cases — No. 10691/21 — concerns the practice of politically motivated killings that, according to Ukraine’s claims, Russia carries out both on its territory and beyond — including in Council of Europe member states.

It involves high-profile murders and assassination attempts on Putin regime opponents, which Ukraine alleges are part of a deliberate state policy.

The ECHR registered the case in 2021, and in April 2025, informed Russia’s government of its communication. Poland and Lithuania have already joined the case as third parties, and six other states have received requests from the Court for information. This is the first interstate application where Ukraine at the international level raises the issue of politically motivated killings as part of Russia’s state policy for the Court’s consideration.

The Ministry of Justice of Ukraine, through its Authorized Representative to the ECHR, coordinates the preparation of the state’s legal position, ensures interdepartmental cooperation, and facilitates the enforcement of the Court’s decisions at the national level.

Work on these cases continues — and each ECHR decision brings us closer not only to restoring justice but also to a future where the aggressor state bears full legal responsibility for its actions.

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