PACE Calls For Compensation To Ukraine Under ECHR Judgments To Be Paid From Russian Assets
"The Assembly urges member and observer States of the Council of Europe to adopt without delay the necessary legal and/or practical measures to repurpose assets of the Russian State that are within their jurisdiction so that, when the European Court of Human Rights delivers judgment(s) awarding just satisfaction in inter-State cases brought by Ukraine against the Russian Federation relating to the war of aggression," the document states.
PACE considers that directing Russian state assets toward such payments would constitute a lawful countermeasure under international law. The resolution stresses that Russia must bear the legal consequences of its aggression and compensate Ukraine for the damage it has caused.
The document notes that the ECHR has already established Russia's responsibility for serious human rights violations in two interstate cases brought by Ukraine, although the amount of compensation has not yet been determined. Given the scale of the damage, future payments could amount to "tens of billions, or hundreds of billions of euros," according to the resolution.
In its adopted recommendation, PACE proposes establishing, under the auspices of the Council of Europe, a mechanism to receive Russian state assets designated for compensation payments. Funds transferred to Ukraine would be counted as compensation owed to it by Russia. Such a mechanism could operate independently or become part of a future compensation fund.
Read also: EU supports modernization of Ukrainian Armed Forces training centersPACE also called on countries to ensure the implementation of ECHR judgments on compensation through national legal procedures for as long as Russia refuses to pay.
"Russia has an unconditional legal obligation under Article 46 of the Convention to implement judgments of the Court in respect of violations that occurred up to 16 September 2022. This obligation under international law does not diminish with time and cannot be set aside by Russian domestic law," PACE stressed.
According to PACE, approximately EUR 260 billion in Russian Central Bank assets were frozen following the full-scale invasion, of which around EUR 210 billion are held in the EU.
As Ukrinform reported, the PACE Committee on Legal Affairs and Human Rights had called for the creation, under the auspices of the Council of Europe, of a mechanism that would allow frozen Russian state assets to be used to pay Ukraine compensation awarded under judgments of the European Court of Human Rights.
Photo: PACE
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