European Court of Human Rights
European Court of Human Rights

Ukraine and Russia: Court set for judgement in complaint against shelling of Donetsk and Lugansk region homes

Tomorrow, Strasbourg court judges will deliver their judgement in a complaint against Ukraine and Russia arising from the outbreak of hostilities in eastern Ukraine.

The European Court decision in the case Lisnyy and Others v. Ukraine and Russia (nos. 5355/15, 44913/15 and 50853/15) will be announced on Thursday 28 July.

The applicants are Anton Lisnyy, Svetlana Piven and Volodymyr Anokhin, three Ukrainian nationals, born in 1984, 1946 and 1957 respectively.

The case essentially concerns their complaint about the shelling of their homes during the hostilities in Eastern Ukraine from the beginning of April 2014 onwards. Lisnyy’s house was in the Donetsk Region and was destroyed during shelling in August 2014; Piven’s house, also in the Donetsk Region, has been damaged, having been under shellfire since April 2014; Anokhin’s house is in the Lugansk Region and has also been damaged, having been under permanent shellfire since the summer of 2014.

As evidence, all three applicants submitted copies of their passports and, among other things, photographs of a destroyed house (Lisnyy) and copies of reports on the general situation in eastern Ukraine (Piven).

The applicants complain that their lives have been put at risk as a result of the shelling of the villages where they live and that their property has either been destroyed or damaged. The applicants also complain more generally that all the state institutions in eastern Ukraine, including the courts, have suspended their operations and been relocated to areas controlled by the Government of Ukraine.

They rely on Article 1 of Protocol No. 1 (protection of property), Article 2 (right to life), Article 6 § 1 (right to a fair trial), Article 8 (right to respect for private life), Article 10 (freedom of expression) and Article 13 (right to an effective remedy) of the convention.

In addition to three inter-state applications, approximately 3,000 individual cases related to the events in Crimea or the hostilities in Eastern Ukraine are currently pending before the court.

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