The European Court of Human Rights (ECHR) on the basis of the consideration of the Crimean claim of Ukraine against Russia may oblige the Russian Federation to pay compensation to victims of repression.
The judge of the ECHR, Anna Yudkovska, made a corresponding statement in an interview with Ukrainskaya Pravda (Ukrainian Truth) publication.
“Actually, compensation is possible: in 2014 there was a decision in the Cyprus v. Turkey case, where the Court considered the issue whether interstate cases provide for compensation in the same way as a citizen’s complaint against the state. And the Court concluded that yes, it does. But in the case of Ukraine v. Russia, we have not yet reached the stage when financial compensation is being discussed. Of course, it will not be funds to the state budget - the state, relatively speaking, should distribute this money among the victims: after all, it is not awarded to compensate the state for violations of its rights. Individual victims of violations should receive it.”
She also noted that the ECHR would deliver the judgement in the first lawsuit of Ukraine against Russia a year after the first hearing of the case - in February 2020.
“The date of the first hearing in the case of Ukraine v. Russia - 1 has already been determined. It will take place on February 27, 2019. Usually the procedure is as follows: the Court communicates with the governments of both states. After that, the consideration of the case takes place, this is the first hearing. Next, the Court (the Grand Chamber in our case) concludes a preliminary opinion on matters of principle - whether it is a violation or not. The judgement drafting process is underway, and the Grand Chamber is meeting again at the second hearing, where it is already considering the draft decision itself and voting finally. In all cases considered by the Grand Chamber, the period between the first and second hearings is about a year. Therefore, it can be expected that, the Crimean case of Ukraine v. Russia will have a court decision in a year, at least as to its acceptability and substance.”
Since 2014, Ukraine has filed 5 lawsuits with the ECHR against Russia for the illegal annexation of the Crimea and aggression in the Donbas: The first (February-September 2014) and the second (autumn 2014 summer 2015) “Crimean” cases regarding violation of human rights during the annexation and the occupation of the Crimea; the first and second cases for the violation of human rights in the carrying out aggression in the Donbas, as well as the case of the illegal export of Russian orphans and disabled children by Russia from the regions of Donbas not controlled by the Ukrainian government in 2014.
On June 27, 2018, at the request of the Ukrainian side, the ECHR combine the proceedings on interstate statements of Ukraine against Russia into two large proceedings: on the Crimea and Donbas. Thus, instead of five cases of Ukraine against the Russian Federation in the ECHR, three were left, since the application on the transferring children from Donbas to the Russian Federation remained in an independent proceeding.
Source: Ukrainian Truth