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    CASE OF YAKUBOV AND OTHERS v. RUSSIA

    The judgment in *Yakubov and Others v. Russia* (applications nos. 2972/15 and 19 others) is a significant ruling delivered by the Fourth Section of the European Court of Human Rights (ECHR) on 24 September 2026. ****: The case concerns a group of applicants who challenged judicial proceedings conducted in Crimea under the Russian legal framework following the occupation of the peninsula. The Court joined these applications due to their identical subject matter and confirmed its jurisdiction, noting that the events occurred prior to Russia’s cessation as a party to the Convention on 16 September 2022. Relying on its established jurisprudence, the Court concluded that the judicial system operating in Crimea after March 2014 could not be considered a tribunal “established by law.” Consequently, the Court found a violation of Article 6 § 1 of the Convention in respect of all applicants, as their civil rights and criminal charges were determined by illegitimate bodies.

    The decision is structured as a standard Committee judgment, beginning with the procedural history and the joinder of the applications. It addresses preliminary issues, including the Court’s jurisdiction over the Russian Federation regarding its effective control of Crimea, and clarifies the *locus standi* of heirs in cases where an applicant has passed away. A key change or refinement compared to earlier individual cases is the explicit reliance on the Grand Chamber’s findings in *Ukraine v. Russia (re Crimea)* (2024), which serves as the foundational legal basis for dismissing the legitimacy of the Russian-imposed judicial system in the region. The structure concludes with the application of Article 41, awarding non-pecuniary damages and costs to the applicants.

    The most important provisions of this decision for legal practitioners and observers include:

    * **Confirmation of Illegitimacy:** The Court reaffirms that the extension of Russian law to Crimea is contrary to the Convention and international humanitarian law. Therefore, any court operating under this framework is not a tribunal “established by law” under Article 6 § 1.
    * **Jurisdictional Scope:** The judgment reinforces that the ECHR maintains jurisdiction over violations occurring in Crimea during the period of Russian effective control, specifically up until 16 September 2022.
    * **Victim Status:** The Court provides a clear boundary for *locus standi*, noting that legal representatives who were not parties to the underlying domestic proceedings cannot claim “victim” status, thereby narrowing the scope of admissible complaints.
    * **Procedural Economy:** By finding a violation of Article 6 § 1 regarding the lack of a tribunal “established by law,” the Court determined it was unnecessary to examine the remaining complaints, effectively streamlining the resolution of similar applications.
    * **Financial Redress:** The judgment sets a clear precedent for compensation, awarding EUR 6,000 in non-pecuniary damages to each successful applicant, providing a standardized framework for future claims arising from the same context.

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