Case regarding the tragedy in Odesa on May 2, 2014: ECHR found Ukraine guilty, but recognized the influence of the Russian Federation

The European Court of Human Rights (ECHR) has ruled on a series of lawsuits regarding the state's inaction during the clashes between pro-Russian and pro-Ukrainian activists in Odesa on May 2, 2014, which resulted in the death of 48 people. However, the court acknowledged Russia's influence, reports UNN.

The court acknowledged that the events were largely caused by Russian propaganda, but the ECHR emphasized violations by the Ukrainian state, which must pay compensation.

The Court concludes that the respondent State has failed to initiate and conduct an effective investigation into the tragic events in Odesa on May 2, 2014, which took the lives of the closest relatives of twenty-five applicants and endangered the lives of three applicants 

Relatives of 25 people who died on May 2, 2014, and three people who survived the fire in the Trade Union House, where several dozen supporters of the "Anti-Maidan" died, filed several lawsuits in Strasbourg. Among the plaintiffs are relatives of two pro-Ukrainian activists who died from gunshot wounds. Another three are often identified in the media as "random passers-by" who also sustained fatal gunshot wounds. The rest are members of the anti-Maidan group and relatives of the victims who were in the burning House of Trade Unions. However, the court stated that it does not identify them by their ideological views.

It is noted that all plaintiffs filed claims against Ukraine, primarily accusing it of inaction, stating that the state could have prevented the tragic consequences in 2014.

The court repeatedly emphasized in the decision and conclusions that the primary culprit of the events is Russia and its activities to destabilize Ukraine.

The Court considers that disinformation and propaganda from Russia played a role in the tragic events... 

The court also took into account the Ukrainian government's claim of a threat to destabilize the situation in the southern regions of Ukraine in general and in Odesa in particular, emanating from the Russian Federation and former Ukrainian high-ranking officials who lost their power as a result of the revolution on the Maidan.

The Court has already recognized the significant participation of the Russian Federation in the events preceding the so-called "referendum" in Crimea, as well as its various support for separatist entities in eastern Ukraine. The Court also took into account the often covert nature of this participation 

However, according to the court, this does not relieve Ukraine of its responsibility as a state. The ECHR also emphasized that even later Ukraine did not try to prosecute in good faith the officials whose actions led to numerous deaths.

The main duty of the authorities is to do everything possible to prevent the risk of violence. The fact that the Ukrainian authorities were weak against the background of Russian aggression in Crimea and Donbas did not deprive the state of the opportunity to act

In addition, the ECHR recognized that the then local authorities deliberately destroyed evidence at the scene of the tragedy under the guise of "cleaning up".

Thus, the ECHR found Ukraine guilty of violating the article of the European Convention on Human Rights on the right to life. Ukraine must pay 15,000 euros in compensation to the relatives of each of the deceased, and 12,000 to the three surviving plaintiffs.

Context

Mass riots in Odesa took place on May 2. They led to tragic consequences, as a result, according to the Prosecutor General's Office, 48 people died and more than 250 were injured. Initially, according to the Prosecutor General's Office, there was a clash between a column marching for unity and an organized group of people who were trying to prevent the march in the area of Hretska Street in Odesa. As a result of the clashes, mass riots began in the area of Hretska Square, and after the end of the football match and on Kulikovo Field near the House of Trade Unions. In the area of Hretska Square, as indicated in the Prosecutor General's Office, 18 people received gunshot wounds, of which 6 died.

During the fire in the House of Trade Unions, the Prosecutor General's Office noted, 42 people died, of which 10 received bodily injuries as a result of falling, trying to escape from the fire, and 32 died as a result of poisoning by carbon monoxide and combustion products. In total, more than 250 people received bodily injuries during the mass riots.