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Arbitrator is invited to step down, but refuses
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ECtHR reserves decision on reparations, but orders individual measure for Ukrainian prisoners
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Court finds multiple other breaches
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State’s margin of appreciation in adoption of differential treatment depends on circumstances
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ECtHR sees no proportionality between large-scale expropriations and potential public interest
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Systemic large-scale expropriations based on Russian law failed to comply with legality requirement
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Unjustified extension of Russian laws to judicial system of Crimea taints lawfulness of any proceedings occurring therein
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Russia failed to demonstrate legitimate grounds for “wholesale” application of Russian laws to Crimea
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IHL sets out strict limits on extension of occupying state’s laws to occupied territories
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Court resorts to systemic integration to interpret ECHR obligations in light of international humanitarian law
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Violations fall within court’s ratione temporis jurisdiction if contested facts occurred before Russia’s withdrawal from ECHR
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ECHR distinguishes between burden of proof applicable to admissibility and merits stages
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Court may draw negative inferences from respondent state’s failure to provide information under its exclusive control
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Background: Russia’s military actions in Ukraine give rise to numerous applications before the ECtHR
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Dissenting arbitrator considers that challenges should have been rejected since IDI Declaration and arbitration have different subject-matters
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Challenges are upheld in view of broader dispute between Ukraine and Russia
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Challenge is timely in the circumstances, as no strict limit applies to inter-state arbitral proceedings
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Vote on IDI Declaration should have been disclosed, majority of unchallenged arbitrators holds
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Applicable standard is designed for state-to-state proceedings, but developments in other fields, including ISDS, are also relevant
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Background: Two of five arbitrators voted in favour of academic declaration criticising the respondent, prompting disqualification proposals by Russia
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Judges Abraham, Bennouna and Yusuf, and Judge ad hoc Tuzmukhamedov disagree with court’s decision that Russia failed to comply with non-aggravation order
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Judges Tomka and Brant and Judge ad hoc Tuzmukhamedov disagree that the ban on Mejlis could constitute a violation of provisional measures ordered by the court
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Provisional Measures have binding effect independent from violations on merits
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Court assesses several other violations of CERD, but fails to find any breaches
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