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 } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sD8E76205 { border:0.75pt solid #949494; padding:1.02pt 5.03pt } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } Published on 14 April 2025   FOURTH SECTION Application no. 67202/14 A and Others against Russia and 6 other applications (see list appended) communicated on 25 March 2025 SUBJECT MATTER OF THE CASES The applications concern the alleged forced displacement of the applicants from their permanent residences in Crimea to mainland Ukraine, as well as other related alleged violations of their rights resulting from Russia’s exercise of effective control over Crimea (see Ukraine v. Russia (re Crimea) (dec.) [GC], nos. 20958/14 and 38334/18, § 335, 16 December 2020). The applicants are Ukrainian nationals. The applicants Mr   R.R.   Ibragimov, Ms E.S. Motrechko and Mr S.V. Seytumerov (applications nos. 53716/16, 72692/17 and 1025/23 respectively) are of Crimean Tatar origin. All applicants had been permanently residing in Crimea and had established their private and family lives there until, after the Russian Federation asserted their jurisdiction over Crimea, they left Crimea on various dates between February 2014 and February 2019 and have thus become internally displaced persons. Relying on Article 8 of the Convention, the applicants allege that they were forced to leave their homes and/or places of work, businesses, or education due to threats, intimidation and persecution by the Russian authorities and/or their unwillingness to accept Russian citizenship and remain in Crimea under Russia’s jurisdiction. Additionally, some applicants argue that the risks they face have been exacerbated following the start of Russia’s military operations on the territory of Ukraine on 24 February 2022. The applicants (except Mr Ibragimov in application no. 53716/16) also raise complaints under Article 8 of the Convention concerning the forced imposition of Russian citizenship on them under the so-called “Accession Treaty” of 18 March 2014 and the Federal Constitutional Law of the Russian Federation no.   6 ‑ FKZ of 21 March 2014, as well as of the lack of an effective opt-out system, stating that it constitutes an ongoing interference with their private lives. Specifically, some applicants contend that the involuntary acquisition of Russian citizenship has directly impacted their social identity and imposed obligations on them as citizens of the Russian Federation without their consent. Additionally, the applicants in applications nos.   45623/15, 41775/17, 72692/17, as well as Ms. I. Losytsya and Mr   O.   Goloborodko in application no. 1025/23, who have renounced Russian citizenship, complain about various restrictions and requirements imposed on them under Russian law. The restrictions and requirements in question included migration controls and residence checks which, the applicants complain, have effectively rendered them foreigners in their own homeland. The applicants (except the applicant in application no. 53716/16) also allege a violation of their rights under Article 1 of Protocol No. 1 to the Convention. Specifically, the applicants in applications nos.   45623/15, 59299/15, 41775/17 and 72692/17 and some of the applicants in application no. 1025/23 claim continuing violations as they have lost all access to and use of their property in Crimea. In application no. 67202/14, A complains about loss of the clientele he had built through his work in Crimea. B, the applicant in the same application, alleges that she was forced to sell her land in Crimea due to the prohibition on Ukrainian nationals owning land under Russian law, namely the Decree of the President of the Russian Federation No. 201 of 20 March 2020. The applicants in applications nos. 67202/14, 53716/16, 41775/17, 72692/17 and 1025/23 further allege a violation of Article 2 of Protocol No.   4 to the Convention, regarding specifically their freedom to choose their residence and their right to return. Additionally, the applicants in applications nos. 67202/14, 53716/16, 41775/17, 72692/17, 1025/23 and Mr E.E. Ablayev (application no.   45623/15) allege discrimination based on nationality, in breach of Article   14 of the Convention taken in conjunction with Article 8, Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4 to the Convention. The applicants (except the applicants in application no. 1025/23) also allege a lack of effective remedies for the violations they complain of, in breach of Article 13 of the Convention, read in conjunction with Article 8 of the Convention, Article 1 of Protocol No. 1 and Article 2 of Protocol No.   4 thereto. Finally, the applicants in application no. 67202/14 complain of a violation of their right to education in Crimea under Article 2 of Protocol No. 1 to the Convention. Specifically, A and B argue that their children were compelled to follow the Russian curriculum in school, which they claim was inconsistent with their personal views and beliefs.       QUESTIONS TO THE PARTIES 1.     Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?   Do the facts of the applicants’ cases concerning their complaints under Article   8 of the Convention regarding forced relocation and the imposition –   and in some applications, the renunciation – of Russian citizenship; under Article   1 of Protocol No. 1 to the Convention regarding access to their property; and Article 2 of Protocol No. 4 regarding the right to choose their residence and the right to return, give rise to a “continuing situation” for the purposes of the six-month rule?   If so, did the applicants lodge their complaints with the Court without undue delay (see Sargsyan v. Azerbaijan (dec.) [GC], no. 40167/06, §§   124 ‑ 48, 14 December 2011)?   2.     Has there been a violation of the applicants’ right to respect for their private and family lives and home under Article 8 §   1 of the Convention, on account of:   (a)     their forced relocation from Crimea (in all applications); (b)     the imposition of Russian citizenship on the applicants and the lack of an effective system of opting-out in all applications except application no.   53716/16 (see Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, §§   1038 ‑ 39, 25 June 2024); (c)     the renunciation of the Russian citizenship by the applicants in applications nos. 45623/15, 41775/17 and 72692/17 as well as by Ms.   I.   Losytsya and Mr. O. Goloborodko in application no. 1025/23?   3.     In all applications (except application no. 53716/16), has there been a violation of the applicants’ right to peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention?   4.     Have the applicants in applications nos. 67202/14, 45623/15 (with regard to Mr E.E. Ablayev), 53716/16, 41775/17, 72692/17 and 1025/23 suffered discrimination in the exercise of their rights under the Convention and Protocols thereto, based on their Ukrainian nationality, in breach of Article 14 of the Convention taken in conjunction with Article 8 of the Convention, Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4 to the Convention?   5.     In so far as applications nos. 67202/14, 53716/16, 41775/17, 72692/17 and 1025/23 are concerned, has there been a breach of the applicants’ rights guaranteed by Article 2 § 1 of Protocol No. 4 to the Convention?   6.     In so far as application no. 67202/14 is concerned, have the applicants been denied the right to education, guaranteed by Article 2 of Protocol No.   1 to the Convention (see Ukraine v. Russia (re Crimea) [GC], cited above, §§   1160-65)?   7.     Did the applicants in all applications (except application no. 1025/23) have at their disposal effective domestic remedies, as required by Article   13 of the Convention, in respect of their complaints under Article 8 of the Convention, Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4 to the Convention?       APPENDIX List of applications   No. Application no. Case name Lodged on Applicant Year of Birth Nationality Represented by 1. 67202/14 A v.   Russia 01/10/2014 A Ukrainian B Ukrainian   C Ukrainian D Ukrainian Deceased   HEIRS: family members – all other applicants   2. 45623/15 Babina and Ablayev v.   Russia 05/09/2015 Milena Volodymyrivna BABINA 1988 Ukrainian Eldar Enverovych ABLAYEV 1986 Ukrainian Borys Volodymyrovych BABIN 3. 59299/15 Papunova and Melnikov v.   Russia 18/11/2015 Mariya Vasylivna PAPUNOVA 1948 Ukrainian Deceased on 15/01/2017   HEIR: Mr Mykola Mykolayovych MELNIKOV Mykola Mykolayovych MELNIKOV 1966 Ukrainian Volodymyr Mykolayovych CHUFAROV 4. 53716/16 Ibragimov v. Russia 31/08/2016 Ruslan Rayimovych IBRAGIMOV 1982 Ukrainian Borys Volodymyrovych BABIN 5. 41775/17 Motrechko v. Russia 22/05/2017 Eduard Sergiyovych MOTRECHKO 1976 Ukrainian Borys Volodymyrovych BABIN 6. 72692/17 Motrechko v. Russia 29/09/2017 Elnara Serverivna MOTRECHKO 1978 Ukrainian Borys Volodymyrovych BABIN 7. 1025/23 Kokorina and Others v. Russia 15/12/2022 Nataliya Volodymyrivna KOKORINA 1989 Ukrainian Oleksandr GOLOBORODKO 1963 Ukrainian Maksym GORBATYKH 1983 Ukrainian Larysa Volodymyrivna KYTAYSKA 1963 Ukrainian Iryna LOSYTSYA 1963 Ukrainian Sergiy Oleksandrovych MOKRUSHYN 1987 Ukrainian Svitlana Mykolayivna PANINA 1976 Ukrainian Vyacheslav Stepanovych ROZDOBUDKO 1975 Ukrainian Seyitumer Veliyovych SEYITUMEROV 1985 Ukrainian Ivanna SHVETS 1982 Ukrainian Jessica GAVRON