European Court of Human Rights obliges Russia to respect captured Ukrainian soldiers’ rights

The European Court of Human Rights (ECHR), in an interlocutory decision on the lawsuit of the wife of a Ukrainian military man, ordered Russia to respect the rights of all captives and provide them with necessary medical care.

Decisions on temporary measures were made in the case of Oleinichenko v. Russia and Ukraine, which was filed by the wife of captive Ukrainian Yaroslav Oleinichenko, Europeyskaya Pravda reports referring to the court’s message dated June 30, 2022.

“The authorities of the Russian Federation should guarantee respect for the rights of Mr. Oleinichenko, guaranteed by the European Convention on Human Rights, and render him the necessary medical assistance. The court also ruled that these temporary measures apply to all appeals related to the Ukrainian military in captivity of the Russian Federation when there is sufficient evidence that there is a threat of causing irreparable harm to their physical integrity and right to life,” the message said.

The court urges the Russian Federation to confirm within a week whether this serviceman is in captivity and inform about detention conditions, including information on medical check-ups and treatment if there are any. The court also urges Ukraine to report within a week about Oleinichenko’s fate.

Oleinichenko was the deputy commander of his unit and was captured in Mariupol city. His wife cited eyewitness reports that Ukrainian prisoners of war are being tortured in detention centres in which her husband is also being kept. She also asks the court to oblige Russia and Ukraine to establish Oleinichenko's whereabouts to ensure his safety and release from captivity.

ECHR also ordered Russia to prevent the execution of two UK citizens who were captured during the hostilities on Ukraine’s side and sentenced to death by a pseudo-court in occupied Donetsk city.