16:14 22.07.2021

Russia's claim with ECHR against Ukraine has no legal perspective, Russia itself doesn't execute ECHR's decisions – Podoliak

3 min read
Russia's claim with ECHR against Ukraine has no legal perspective, Russia itself doesn't execute ECHR's decisions – Podoliak

Mykhailo Podoliak, advisor to the head of the President's Office, has said that the claim of the Russian Federation as a state with the European Court of Human Rights (ECHR) against Ukraine has no legal perspective, since Russia itself does not comply with the decisions of the European court.

"The leadership of Russia decided to use the instrument of the claim to the ECHR after it provided itself at the constitutional level with the opportunity not to execute the decisions of the ECHR. If someone was looking for a standard of cynicism, then it was provided by the Russian Federation. This complaint has no legal perspective and practical meaning, except purely propaganda - from every source in the Russian Federation and in the territories occupied by Russia they will broadcast that the ECHR allegedly does not work," Podoliak said in a comment to the Interfax-Ukraine news agency.

According to Podoliak, Ukraine cannot be held responsible for the consequences of military actions unleashed by Russia, since this would be contrary to common sense and internationally recognized legal positions.

"Russia, as a state that controls the occupied territories of Ukraine, bears full responsibility for the situation in these territories, for all human rights violations, crimes and plundering of the economic potential of these territories. It will have to bear responsibility," he said.

The advisor to the head of the President's Office also noted that the substantiation of the complaint submitted by Russia to the ECHR indicates that the North Crimean Canal is allegedly the main source of fresh water for the inhabitants of the Crimean peninsula.

"If for more than seven years of occupation of Crimea they could not understand in the Russian Prosecutor General's Office which sources of fresh water in Crimea are the main ones, then it remains only to state the complete degradation of this Russian institution," the advisor to the head of the President's Office emphasized.

Podoliak added that "in this situation, Russia's demands for interim measures on this complaint look absolutely cynical and absurd."

"If Russia refuses to comply with the decisions of the ECHR even after they have been passed and are beyond doubt, then how can this same Russia count on a favorable decision for itself even before the complaint itself is considered? Please note that this is the tool that raiders often use. They prescribe the requirement of interim measures on the claim so that it would be possible, even before considering the claim, to get the decision for which the claim was started. Probably, no one has ever tried to use the ECHR in this way for such a raider scheme," he concluded.

Earlier on Thursday, Russia for the first time applied to the European Court of Human Rights (ECHR) with an interstate complaint against another state - Ukraine, the complaint concerns a number of violations, including the death of civilians, the suppression of freedom of speech and the water blockade of Crimea.

Russia also indicated in an interstate complaint to the European Court of Human Rights (ECHR) that the responsibility for the crash of the Malaysian Boeing MH17 in Donbas lies with Ukraine - the country did not close the airspace over the war zone and did not later investigate this circumstance.

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