Interim Resolution CM/ Res DH ( 2020 ) 203

Execution of the judgment of the European Court of Human Rights

Kudeshkina against Russian Federation

(Adopted by the Committee of Ministers on 1 October 2020

at the 1383 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

29492/05

KUDESHKINA

14/09/2009

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”);

Noting that in the judgment adopted in the present case the Court found a violation of Article 10 on account of the applicant’s dismissal in 2004 from judicial office for making critical statements about the judiciary in media interviews during her parliamentary election campaign in 2003 while on leave from her post as judge;

Noting further that the just satisfaction awarded to the applicant by the Court has been paid;

REGRETS that, notwithstanding the findings of the European Court, the reopening of proceedings against the applicant was refused by the domestic courts in 2015 and that as a result the applicant could not be reinstated to her post and continues to suffer grave negative consequences, being deprived of the income to which she would have been entitled as a judge or a retired judge;

RECALLS that, notwithstanding its previous positive assessment of the full range of the general measures taken, providing the applicant with appropriate redress is still required to remove the chilling effect on judges’ freedom of expression of the violation found in this case;

STRESSES that the execution of the Court’s judgment in this case has been pending since 2009;

STRONGLY REGRETS that, despite the Committee’s calls since 2017 to find alternative avenues to secure full redress for the applicant, no such avenues have been found;

NOTES in this context the authorities’ assurances that the search for a mutually acceptable solution is in progress;

EXHORTS the Russian authorities to do their utmost to secure an appropriate redress for the applicant as soon as possible to erase the consequences of the violation of her right to freedom of expression as established by the Court and to report to the Committee by 31 March 2021 at the latest;

DECIDES to resume examination of this case at its Human Rights meeting in June 2021 at the latest.