UKRAINE: State negligence in clashes between Anti- and Pro-Maidan supporters in Odesa in May 2014, the ECtHR rules
“I was in Odesa to investigate the issue, two weeks after the tragedy which claimed over 40 lives” (Willy Fautré, director of Human Rights Without Frontiers). See our report on our website.
ECHR (13.03.2025) – Today’s Chamber judgment in the case of Vyacheslavova and Others v. Ukraine (application no. 39553/16 and 6 others) concerned violent clashes between Maidan supporters and opponents and the fire in the Trade Union Building in Odesa on 2 May 2014, which resulted in heavy casualties.
The seven applications were lodged by a total of 28 individuals. Twenty-five of the applicants lost their next of kin – either in the clashes or as a result of the fire – and three of the applicants survived the fire with various injuries.
Among the applicants’ relatives who lost their lives on that day, were Maidan supporters and opponents and, possibly, simple passers-by. Respecting the applicants’ choice, who often preferred not to mention their or their relatives’ political views, the Court only indicated the political views of the individuals concerned where that was essential for establishing and understanding the events or where, in any event, the applicants themselves had made that information public.
In the case, the European Court of Human Rights Court held, unanimously, that there had been: violations of Article 2 (right to life/investigation) of the European Convention on Human Rights, on account of the relevant authorities’ failure to do everything that could reasonably be expected of them to prevent the violence in Odesa on 2 May 2014, to stop that violence after its outbreak, to ensure timely rescue measures for people trapped in the fire, and to institute and conduct an effective investigation into the events; and a violation of Article 8 (right to respect for private and family life) in respect of one applicant (application no. 39553/16) concerning the delay in handing over her father’s body for burial.
Principal facts
Between November 2013 and February 2014, a series of protests took place in Ukraine, first in Kyiv and then in other regions, including in Odesa, in response to the suspension of the preparations for the signing of the Ukraine-European Union Association Agreement and a strengthening of economic ties with Russia instead. Those protests, which became known as “Maidan”, culminated in the ousting of the President of Ukraine and a series of political changes. That triggered, in turn, some pro-Russian protests. In eastern regions of Ukraine armed groups began to forcibly take control of administrative buildings across the Donetsk and Lugansk Regions, announcing the creation of self-proclaimed separatist entities which enjoyed military, economic and political support from the Russian Federation. The Russian Federation also started to exercise effective control over Crimea through the active involvement of its military personnel in the events leading to the so-called “referendum” and
the subsequent purported integration of the peninsula into the Russian Federation.
By 2 May 2014, Odesa had been living through a period of several months of social tensions, including the violent dispersal of Maidan protests by the police in late November 2013, the attack on Maidan supporters on 19 February 2014 by an organised and well-equipped group of private individuals, with the police passively observing the events, and the unsuccessful attempt of pro-Russian protesters to storm the Odesa Regional Council building on 3 March 2014 to force through decisions in favour of federalisation and a local referendum. Both Maidan supporters and opponents had so-called self-defence units possessing some protective equipment and arms. While violent incidents had overall remained rare in Odesa, the situation was volatile and implied a constant risk of escalation.
In early March 2014 pro-Russian activists set up a tent camp at Kulykove Pole Square.
In late April 2014, fans of the Odesa Chornomorets and Kharkiv Metalist football clubs announced a rally “For a United Ukraine” on 2 May 2014 before the match that afternoon. The rally participants were to walk from Soborna Square to the stadium located 2.5 km east of the departure point (whereas the anti-Maidan activists’ tent camp was about 3 km south). Shortly thereafter, anti-Maidan posts began to appear on social media describing the event as a Nazi march and calling for people to prevent it. Intelligence obtained by the Security Service showed signs of possible incitement to violence, clashes and disorder. The Ministry of the Interior’s cybercrime unit also detected social media posts evoking mass riots.
On 2 May 2014 limited police forces were deployed to the city centre and the stadium, in accordance with a standard contingency plan for a football match. They did not intervene when anti-Maidan protesters started gathering not far from Soborna Square, supposedly to prevent the march participants from destroying the anti-Maidan activists’ tents at Kulykove Pole.
As soon as the march began to make its way towards the stadium, anti-Maidan activists approached and attacked the demonstrators, some firing shots at them, still with no interference from the police.
Both sides used pyrotechnic devices and airguns, and threw stones, stun grenades and Molotov cocktails. Some police officers and certain anti-Maidan protesters were wearing similar red adhesive tape on their arms.
At 4.10 p.m., the first victim, Mr Ivanov (application no. 59531/17), a pro-unity activist, was shot in the stomach. He was taken to hospital but died during surgery. There is video footage showing a pro-Russian activist wearing a balaclava standing by the police and firing numerous shots from a Kalashnikov-type assault rifle, with no reaction from the police. Other video footage shows that person with the rifle later leaving the scene alongside the deputy head of the regional police. At a certain point anti-Maidan activists drove back their opponents. It was then, at about 4.20 p.m., that Mr Biryukov (application no. 59531/17) was fatally injured. Shortly afterwards, a fire engine was hijacked by some pro-unity supporters but was released a few hours later. At around 5.45 p.m., numerous shots were fired towards anti-Maidan activists from a hunting gun by someone standing on a nearby balcony. It was around that time that Mr Zhulkov, Mr Yavorskyy and Mr Petrov (application no. 76896/17) were killed.
The clashes in the city centre claimed six lives in total, including five relatives of nine of the applicants. Pro-unity protesters eventually gained the upper hand in the clashes and charged to the pro-Russian tent camp at Kulykove Pole. Anti-Maidan protesters took refuge in the Trade Union Building, a five-storey building facing the square. They barricaded themselves inside the building using wooden pallets from the tent camp and wooden and plastic furniture found in the building. They took with them from the tent camp a fuel-powered electric generator, boxes containing Molotov cocktails and the products needed to make them.
Maidan activists started setting fire to the tents. A group of pro-Russian protesters on the roof of the Trade Union Building threw Molotov cocktails at the crowd below; pro-unity activists retaliated by throwing Molotov cocktails at the building. Gunshots were reportedly fired from both sides.
Despite numerous calls to the fire brigade, which was less than 1 km away, the fire service regional head instructed his staff not to send any fire engines to Kulykove Pole without his explicit order.
At 7.45 p.m., a fire broke out in the Trade Union Building. The fire extinguishers in the building did not work. The police called the fire brigade, to no avail. Some of the people in the building including Mr Dmitriyev (application no. 59339/17) tried to escape by jumping from the upper windows. He survived the fall and was taken to an ambulance. A number of people fell to their deaths, including the son of Ms Radzykhovska (application no. 59339/17) and the son of Ms Nikitenko (application no. 47092/18). Video footage shows pro-unity protesters making makeshift ladders and platforms from a stage in the square and using them to rescue people trapped in the building. Other video footage shows pro-unity protesters attacking people who had jumped or had fallen.
The regional head of the fire service finally ordered fire engines to be sent to the scene. Fire ladders were used to rescue people from the upper-floor windows. Firefighters entered the building at around 8.30 p.m. and put out the fire. The police arrested 63 anti-Maidan activists who were still inside the building or on the roof. They were released two days later, when a group of several hundred anti-Maidan protesters stormed the local police station where they were being held.
The fire claimed 42 lives. Fourteen of the deceased were the next of kin of 16 of the applicants. Many people, including Mr Didenko, Mr Dmitriyev and Mr Gerasymov (application no. 59339/17), sustained burns and other injuries.
The domestic investigations, which were launched later on various dates, comprised numerous interrelated sets of criminal proceedings evolving over time. Depending on whether the investigations concerned private individuals, the police or the fire service, they were entrusted to different authorities, which apparently did not coordinate their efforts. Many of the suspects absconded.
Several others were eventually released from criminal liability owing to the expiry of the ten-year limitation period. In some cases, the proceedings reached the trial stage, where they have remained pending for years. The only case completed by a final judicial decision was that in respect of the deputy head of the regional police who, having fled to Russia, was convicted in absentia for complicity in organising mass riots.
Full European Court decision:
State negligence in clashes between Maidan supporters and opponents in Odesa in May 2014: Vyacheslavova and Others v. Ukraine
See Dumskaya Report today 2 May 2025:
https://dumskaya.net/news/2-maya_7749-187740/ua/
See the famous Oliver Stone’s documentary “Ukraine on Fire” mainly about the modern history of Ukraine. The section on the 2 May events starts at 1h16.