- The Court finds Russia in breach of the European Convention on Human Rights.
Strasbourg, Jul.9.– The Court issued a decision concerning events which occurred during the period from spring 2014 up to 16 September 2022, when Russia ceased to be a Party to the European Convention. Among the considerations pertaining to this decisión:
«The Court addressed the fact and impact of Russia’s failure to participate in the proceedings leading to today’s judgment. Although Russia had submitted memorials and taken part in the oral hearing at the admissibility stage of the proceedings in applications nos. 8019/16, 43800/14, and 28525/20, it had not participated at all in the proceedings on the merits in those three applications or on the admissibility and merits of application no. 11055/22. The Court found that there was insufficient cause for Russia’s failure to submit a memorial or to participate in the 12 June 2024 hearing. It decided to continue with its examination of the case, finding that this was consistent with the proper administration of justice.
In addition to the practical challenges associated with gathering evidence in occupied territory in Ukraine, in the present case, these difficulties had been heightened by intensifying military attacks and by the nature and scale of the alleged violations. The Court found that Russia’s “deplorable failure” to cooperate with it had unnecessarily made its task even more difficult. The Court itself had had to establish the facts underlying the complaints brought before it about an armed-conflict situation.
Without submissions, the Court has had to spend considerable time and resources in ensuring that Russia had not suffered prejudice in the application of the Convention to the facts of the case. Its lack of constructive engagement throughout the case and failure to participate at all in the proceedings leading to today’s judgment had breached its obligations under Article 38 of the Convention.»
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