Interim Resolution CM/ ResDH (2021)107

Execution of the judgment of the European Court of Human Rights

Navalnyye against Russian Federation

(Adopted by the Committee of Ministers on 9 June 2021 at the 1406 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

101/15

NAVALNYYE

17/10/2017

05/03/2018

The Committee of Ministers, under the terms of Article 46 paragraph 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Recalling that in this case the European Court held that the applicants were convicted of acts indistinguishable from regular commercial activities by judicial decisions that were arbitrary, unforeseeable and manifestly unreasonable , in violation of the principle of nullum crimen nulla poena sine lege (no crime or punishment without law) and the right to a fair trial (violations of Articles 7 and 6 of the Convention) ;

UNDERLINED that the obligation of restitutio in integrum calls for measures to restore the applicants as far as possible to the position they would have enjoyed had the violations not occurred and that such measures should be compatible with the conclusions and spirit of the Court ’ s judgments;

RECALLED that the just satisfaction awarded in this case has been paid but that the reopening of the proceedings has not remedied the violations established and that, furthermore, on 2 February 2021 Mr Aleksey Navalnyy ’ s suspended sentence, imposed as a result of the arbitrary conviction in this case, was converted into a sentence of real imprisonment;

RECALLED further its previous decision urging the authorities to take all possible measures to quash the convictions in respect of both applicants and to erase all the negative consequences against them, and in the meantime to release Mr Aleksey Navalnyy without delay;

EXPRESSED its grave concern that to date Mr Aleksey Navalnyy remains in detention and his conviction stands;

STRONGLY URGED the authorities to release immediately Mr Aleksey Navalnyy , to quash the conviction impugned in this case in respect of both applicants, and to reimburse the applicants in the amount of the fine and the civil damages they have paid;

DECIDED to resume the consideration of the individual measures in this case at its 1411 th meeting (September 2021) (DH).