In framework on our Association systematic activities at OSCE Warsaw Human Dimension Conference Dr. Borys Babin made report on its plenary session “Rule of Law”, reminding to delegates that right to justice, including the right on access to justice, is totally violated on Russia-occupied territories of Ukraine.
Such violations, committed by Russia in the Ukrainian Crimea, were already established by the European Court of Human Rights in its judgment in an interstate case, done this June, expert Babin stressed.
As he pointed out, the European Court established that so-called “Russian courts” in occupied Crimea act contrary to international humanitarian and human rights law, and that all their so-called “decisions”, in any case, are null and that such so-called “decisions” violate the conventional rights of Crimean residents by definition.
This Strasbourg case is extremely painful for Russia and for its agents in OSCE states, including Ukraine, Dr. Babin stressed, reminding on relevant aggressor’s sanction lists and also about political repressions and fabricated cases, where anti-Semitic actions and motives of “Russian world” admirers, were noticed also.
As expert added, Russia’s racial discrimination, genocidal attempts and war crimes raise issues of adequate aid to victims, including compensations and other remedies. As the Ukrainian legal enforcement system is in a critical situation now, including war challenges, aspects of civil claims against the Russian state, legal entities, propagandists and so-called “officials” got special significance, professor Babin stressed.
As Russia-controlled illegal “courts” rejected Ukrainian state immunities, there is no legal ground for Ukrainian private claims against Russian Federation to be stopped, expert pointed at.
Dr. Babin added that special attention in this area must be paid to claims on remedies for indigenous Crimean Tatar people, including damage caused by Russian aggression to its collective rights.
Expert stressed, that the Mejlis of Crimean Tatar people, as indigenous representative body, illegally banned by Russia in 2016, is still not legalised in Ukrainian jurisdiction as legal entity, despite the relevant progressive Law signed by President Volodymyr Zelenskyy in 2021 and relevant documents, sent by Mejlis to Ukrainian Government in June, 2023.
Such illegal non-activity of the Government made a serious challenge for Mejlis’ next claims against Russia for defence Crimean Tatars as victims, summarised ARC’s expert, adding that we will inform OSCE bodies on next development of that case.
