Russia v. Ukraine with inter state application. Allegations of murder, kidnapping, etc. Request for interim measures and rejection for lack of serious threat and risk of irreparable damage
INTERIM MEASURES DECISION
Russia v. Ukraine 23.7.2021 (app. no. 36958/21)
PRINCIPAL FACTS
On 22 July 2021 the Government of Russia lodged an inter-State application against Ukraine under
Article 33 (Inter-State cases) of the European Convention on Human Rights. This is the first interState application lodged by Russia. It has been registered under application no. 36958/21.
The case concerns the Russian Government’s allegation of an administrative practice in Ukraine of,
among other things, killings, abductions, forced displacement, interference with the right to vote,
restrictions on the use of the Russian language and attacks on Russian embassies and consulates.
They also complain about the water supply to Crimea at the Northern Crimean Canal being switched
off and allege that Ukraine was responsible for the deaths of those on board Malaysia Airlines Flight
MH17 because it failed to close its airspace.
There are currently 10 other inter-State applications pending before the Court, four of which have
been brought by Ukraine against Russia. For further information see the Questions and Answers on
Inter-State Applications and the table of Interstate Applications.
The Russian Government notably alleges violations of Articles 2 (right to life), 3 (prohibition of
inhuman or degrading treatment), 5 (right to liberty and security), 8 (right to respect for private and
family life), 10 (freedom of expression), 13 (right to an effective remedy), 14 (prohibition of
discrimination), 18 (limitation on use of restrictions of rights), and Article 1 of Protocol No. 1
(protection of property), Article 2 of Protocol no. 1 (right to education), Article 3 of Protocol No. 1
(right to free elections) and Article 1 of Protocol No. 12 (general prohibition of discrimination).
In the context of the application, the Russian Government submitted an urgent request under Rule
39 (interim measures) of the Rules of Court to indicate to the Ukrainian Government:
– to stop restrictions on the rights of Russian-speaking persons notably as concerns access to use of
their mother tongue in schools, the media and the Internet; and,
– to order the Ukrainian authorities to suspend the blockade of the North Crimean Canal.
THE DECISION OF THE COURT…
The Court decided to reject the request under Rule 39 of the Rules of Court since it did not involve a
serious risk of irreparable harm of a core right under the European Convention on Human Rights.
