CEDH · CASELAW;COMMUNICATEDCASES;ENG — 25 mars 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sF06D3D4E { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s4F8600F6 { width:115.72%; border-collapse:collapse } .s4C1702D { width:6.7%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; background-color:#dfdfdf } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .s84BA5637 { width:23.34%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; background-color:#dfdfdf } .s9D3FABEC { width:28.34%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; background-color:#dfdfdf } .s8893C574 { width:16.66%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; background-color:#dfdfdf } .sB2434E1F { width:24.96%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; background-color:#dfdfdf } .s1F5D10D { width:6.7%; border:0.75pt solid #949494; padding:1.02pt 5.03pt } .s29FD75E7 { width:23.34%; border:0.75pt solid #949494; padding:1.02pt 5.03pt } .s1EE79E82 { width:28.34%; border:0.75pt solid #949494; padding:1.02pt 5.03pt } .sD08217BF { width:16.66%; border:0.75pt solid #949494; padding:1.02pt 5.03pt } .s990BDE9F { width:24.96%; border:0.75pt solid #949494; padding:1.02pt 5.03pt } .sED02F1A5 { margin-top:0pt; margin-right:1.05pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s1338263B { height:24.1pt } .s37495D7A { height:29.85pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 14 April 2025   FOURTH SECTION Application no. 6719/23 Ukrainian Helsinki Human Rights Union on behalf of ten Ukrainian children against Russia lodged on 14 January 2023 communicated on 25 March 2025 SUBJECT MATTER OF THE CASE The application was lodged by the Ukrainian Helsinki Human Rights Union (UHHRU), Ukraine’s largest association of twenty-six human rights organisations dedicated to the protection of human rights. UHHRU is acting on behalf of ten children without parental care, currently aged between twelve and sixteen years old, who are Ukrainian nationals by birth. In 2014, at the time of the assertion of Russia’s jurisdiction over Crimea, these children, then aged between one and five years old, were wards of the Ukrainian State and living in childcare institutions in Crimea. UHHRU alleges that following Russia’s assertion of jurisdiction over Crimea, Russian nationality was imposed on the children. Despite repeated requests from the Ukrainian Government, Russia refused to transfer the children to the care of Ukrainian authorities and instead started facilitating their adoption. According to UHHRU, at the time of the introduction of the application, the imminent risk of the children being adopted was evidenced by the sudden disappearance of some of the children’s names from the childcare institution’s website. This suggested that the children had either been adopted or that adoption proceedings had commenced. Currently there is no information regarding the children’s whereabouts. UHHRU submits that the situation of Ukrainian children in Crimea in general has raised serious concerns among international organisations and public institutions. UHHRU contend that the arbitrary change of the children’s citizenship following the assertion by Russia of jurisdiction over Crimea, along with their adoption facilitated by the Russian authorities in the context of the ongoing war in Ukraine, deprived them of their social identity as Ukrainian nationals which was integral to their sense of belonging and cultural heritage. This, UHHRU argues, constitutes a breach of the children’s right to respect for private life under Article 8 of the Convention. UHHRU further submits that the Russian Government’s failure to follow due legal process in placing and keeping the children in State institutions after establishing effective control over Crimea amounted to a breach of Article 5 of the Convention. QUESTIONS TO THE PARTIES 1.     Does the Ukrainian Helsinki Human Rights Union have standing, within the meaning of Article 34 of the Convention, to act before the Court on behalf of the children in the present case (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 112, ECHR 2014, and Association Innocence en Danger and Association Enfance et Partage v. France , nos. 15343/15 and 16806/15, §§ 121-31, 4 June 2020)?   2.     Has the Ukrainian Helsinki Human Rights Union complied with the admissibility requirements set forth in Article   35   §   1 of the Convention?   3.     Where are the children currently, and have they been adopted, as alleged by the Ukrainian Helsinki Human Rights Union? The parties are requested to provide factual information in support of their replies to this question.   4.     Were the children in the present case deprived of their liberty, in breach of Article 5 § 1 of the Convention, due to their placement and continued stay in the childcare institutions following Russia’s assertion of jurisdiction over Crimea (see Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and   38334/18, §§ 943-46 and 998, 25 June 2024)? What was the legal basis for their placement and continued stay in the childcare institution in Crimea?   5.     Has there been a violation of Article 8 of the Convention due to the imposition of Russian nationality on the children (see Ukraine v. Russia (re   Crimea) [GC], cited above, §§ 1031-39), their alleged adoption, and the resulting adverse impact of these measures on their identity?   APPENDIX Application no. 6719/23   No. Applicant organisation Individual applicants Nationality Representative 1. Ukrainian Helsinki Human Rights Union (UHHRU) on behalf of K.V. Ukrainian Zayets, Sergiy Anatoliyovych 2. A.I. Ukrainian 3. D.B. Ukrainian 4. F.T. Ukrainian 5. K.O. Ukrainian 6. K.I. Ukrainian 7. P.V. Ukrainian 8. S.D. Ukrainian 9. Y.K. Ukrainian 10. Z.Y. Ukrainian