ECtHR Recognises Date of the Beginning of Russia's Control over Donbas

Wednesday, 25 January 2023

The court in Strasbourg has announced its ruling that it has jurisdiction over complaints against Russia for human rights violations in the territories of eastern Ukraine that were under the de facto control of Russia.

The President of the ECtHR, Síofra O'Leary, read during the court session a short version of the court's ruling on the joint complaint of the governments of Ukraine and the Netherlands against the Russian Federation.

During the hearing of the case, Russia denied the possibility of hearing the case. It explained that it was about the territory of Ukraine, which was controled by separatists. Instead, Ukraine claimed it was about the territory actually occupied by Russia (by the ECtHR - the territory "under effective control").

"The court rejects Russia's objection unanimously," the court's president explained.

"The court unanimously has decided that from May 11, 2014, the events fall under the jurisdiction of the court," because "the territories captured by the separatists were under the control of the Russian Federation," the judge pointed out.

Thus, the Court proceeded to the consideration of the case on the merits of most of the positions of the complaint.

At the public hearings of the ECHR, the Ukrainian side proves that the occupation of Donbas began in April 2014 within the framework of Ukraine and the Netherlands v. Russia case.

Read more about the significance of this decision in the article International Court in Strasbourg to Prove That Donbas Was Occupied by Russia, Not "Separatists" in 2014

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