Based on the Article 33 of the European Convention on Human Rights and Fundamental Freedoms (the Convention), on March 13, 2014 the Government of Ukraine lodged to the European Court of Human Rights (ECHR) an inter-State application against the Russian Federation concerning violations of the rights guaranteed by the Convention and its Protocols, in connection with the military occupation and control over the Autonomous Republic of Crimea by the Russian Federation
In addition, pursuant to the Rule 39 of the ECHR Regulations, the Government of Ukraine also requested the Court for the interim measures indicating the Government of the Russian Federation that it should refrain from the actions, which might threaten the life and health of the civilian population on the territory of Ukraine.
According to the Rule 39 of the ECHR Regulations, the Chamber or, where appropriate, its Head – at the request of a Party or any other interested person or on its own initiative – may indicate the Parties, what kind of the interim measure it considers to be taken in the interests of the Parties or in the interests of the proper proceeding.
The ECHR took these statements to the proceeding (case number 20958/14), and given the fact that the situation, currently prevailing in Ukraine, creates the real risk of serious and sustained violations of the Convention, on March 13, 2014 the Court approved the decision to apply the Rule 39 of the ECHR Regulations, according to which the Russian Federation is obliged to refrain from any military action against the citizens of Ukraine on its territory.
Thus, in order to prevent such violations, the ECHR urged both High Contracting Parties to refrain from taking any action, in particular military actions, which might entail breaches of the Conventions rights to the civilian population, including putting their life and health at risk, and to comply with the engagements under the Convention, notably in respect of its Article 2 ("right to life") and the Article 3 ("prohibition of inhuman or degrading treatment").
According to the ECHR practice, the Rule 39 of the Court Regulations applies only on exceptional basis, where, after studying all the information, the Court considers that non-application of this rule can result in serious and irreversible consequences.
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