The Japan Times - Top European rights court finds Russia committed abuses in Ukraine

The European Court of Human Rights, part of the Council of Europe rights body, is tasked with implementing the European human rights convention in signatory countries.

Wednesday's largely symbolic ruling comes after the Council of Europe excluded Russia following its invasion of Ukraine in February 2022, and Moscow dropped out of the European rights convention in September that year.

The ECHR however still handles cases against Russia that were brought before that date.

A panel of 17 judges found Russia violated the convention through "extrajudicial killing of civilians and Ukrainian military personnel" outside of combat, "torture", "forced labour", "unlawful and arbitrary detention of civilians" as well as looting.

The judges also ruled that Russia had violated the European rights convention through "the transfer to Russia and, in many cases, the adoption there of Ukrainian children".

The court said Russia "must without delay release or safely return all persons who were deprived of liberty on Ukrainian territory under occupation by the Russian and Russian-controlled forces."

It added that Moscow should cooperate in the establishment of an international and independent mechanism to help identify "all children transferred from Ukraine to Russia and Russian-controlled territory" before September 2022 to restore contact between them and their families, and enable their safe reunification.

Kremlin spokesman Dmitry Peskov on Wednesday said Russia had no intention of complying with the decision of the court, whose rulings it considered to be "null and void".

- 'Historic' -

The court issued its verdict in response to four complaints.

Ukraine had filed three of these over events from 2014 to 2022, and the Netherlands had filed a fourth over the downing over eastern Ukraine of Malaysia Airlines Flight MH17 flight from Amsterdam to Kuala Lumpur on July 17, 2014.

The UN's aviation agency has blamed Moscow for the tragedy that killed all 298 on board.

The ECHR found that "the suffering of the next of kin of the victims of the downing of flight MH17" violated the right to freedom from torture and punishment.

Ukraine celebrated what it said was a "historic decision".

Its justice ministry said the court's recognition of "systematic and widespread human rights violations committed by Russia" was a "victory on the international stage".

Dutch Prime Minister Dick Schoof said it was "an important step toward justice".

"The court has designated Russia as responsible for the downing of MH17 and the death of its passengers, including 196 Dutch nationals," he said.

Piet Ploeg, who lost his brother, step-sister and nephew in the tragedy, said it was an "important day".

"I don't think Russia will pay anything but it is not about money today," he said.

"It is about getting justice and recognition and maybe getting apologies... You never know."

Usually individuals file cases at Europe's top human rights court, appealing to it as a last resort in cases where they have exhausted all domestic legal avenues.

But governments also can file complaints in what are known as inter-state cases.

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T.Shimizu--JT