The decision has become an astonishing victory for Ukraine. It will have real financial benefits for many Ukrainian businesses, and in some places for ordinary citizens...
www.eurointegration.com.ua
The Court confirmed that Russia has been carrying out a military invasion of Donetsk and Luhansk oblasts
since April 2014. From May 2014, Russian control over the occupied territories had become absolute. In the summer, the Russian Federation sent troops to Donbas full-scale. It is now legal and official that
the war between the Russian Federation and Ukraine
has been going on for almost nine years.
In addition, the Court has ruled that
Russia bears full responsibility for what happened under its occupation.
The decision of the Court will have a real financial matter for many Ukrainian businesses and ordinary citizens who suffered from the Russian aggression in Donbas.
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What has the Court ruled?
The ECtHR decision on the "big Donbas case" is a 230 page long document. Six main elements are the following:
- recognition of armed aggression;
- setting the date of the beginning of the Russian occupation;
- recognition of Russian control over the occupied territory;
- definition of territories for which the Russian Federation is responsible for violations;
- permission to prove the guilt of the Russian Federation for the consequences of shelling of civilian objects on the Ukrainian side of the contact line;
– confirmation that Russia's violations (from murders and torture to restrictions on education) were systemic and not isolated.
First, the ECtHR has legally confirmed that
in the spring of 2014, Russia carried out armed aggression against Ukraine in the Donetsk and Luhansk regions. By late the summer, a large-scale invasion began, which Russia still denies.
"The Grand Chamber finds it established beyond any reasonable doubt that there were Russian military personnel in an active capacity in Donbas since April 2014. Russian soldiers fought in the armed groups and senior members of the Russian military were present in command positions in the separatist armed groups and entities from the outset. From at the latest August 2014 in the context of the battle of Ilovaisk, there was a large-scale deployment of Russian troops," the ECtHR decided.
The Court also finds that
from May 11 2014, all areas in the hands of separatists from that date had been areas
under "DPR" and "LPR" control (hereinafter - "DPR" and "LPR"). By the way, the decision contains these abbreviations with quotation marks - the Court emphasises that it does not consider these structures real.
From May 11 onwards, the non-government-controlled territory in the East of Ukraine is considered to be under the effective control (occupation) of the Russian Federation.
May 11, as a starting point,
does not deny that the armed aggression and occupation in Donbas had begun even earlier. This date refers to the legal responsibility of the Russian Federation for the occupied territory.
Also, the establishment of the so-called "administrative practice" was also crucial. It means the ECtHR considers proven systematic Russian violations during:
– murders and beatings to death of civilians and Ukrainian prisoners of war;
– torture, including sexual violence, rape, inhuman and degrading conditions of detention;
– organisations of forced labour;
- kidnapping, illegal arrests and long-term illegal detention;
- attacks on religious grounds;
- persecution of journalists and blocking of Ukrainian broadcasters;
- destruction and unlawful appropriation of private property;
- bans on education in the Ukrainian language;
- persecution of persons of Ukrainian nationality or citizens who supported the territorial integrity of Ukraine.
The Ukrainian complaint will be considered on the merits of all these episodes. However, there is one more interesting detail in this decision.