Interim Resolution CM/ResDH(2023)35

Execution of the judgments of the European Court of Human Rights

Navalnyy and Ofitserov group against Russian Federation

(Adopted by the Committee of Ministers on 9 March 2023 at the 1459 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

46632/13

NAVALNYY AND OFITSEROV

23/02/2016

04/07/2016

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 the Russian Federation has ceased to be a member of the Council of Europe as from 16 March 2022 (Resolution CM/Res(2022)2 ), recalling also that the Committee of Ministers will continue to supervise the execution of the judgments and friendly settlements concerned (Resolution CM/Res(2022)3 ), underlining further that the Russian Federation is required to implement them;

Recalling the findings of the European Court in these cases, according to which the outcome of the criminal proceedings against the applicants was “manifestly unreasonable” as it resulted from the arbitrary construction of the criminal law by the Russian courts, in unfair proceedings with no effort made by the Russian courts to address the allegations of a link between the first applicant’s public activities and the decision to bring charges against him, despite the fact that the European Court found the existence of such a link obvious;

Recalling the Committee’s repeated calls on the Russian authorities urgently to take measures to erase the consequences for the applicants of their arbitrary and unfair convictions, in particular the prohibition on Mr Alexey Navalnyy to stand as a candidate during the 2017/2018 presidential election;

Deeply regretting the Russian authorities’ continuing failure to provide such redress;

Underlining that the March 2022 conviction of Mr Aleksey Navalnyy on a charge relating to the collection of donations for the 2017/2018 presidential electoral campaign was imposed in total disregard of the findings of the European Court and the calls of the Committee of Ministers;

Recalling the Committee’s previous decisions, and the interim resolution adopted at its 1428 th meeting (March 2022) (DH) exhorting the authorities to assure Mr Navalnyy’s immediate release;

DEEPLY DEPLORED that the authorities have not responded to the Committee’s repeated calls for information;

STRONGLY URGED the authorities to quash the convictions in both cases and erase all their consequences, including the current conviction and sentence of Mr Alexey Navalnyy;

DEPLORED that, despite its repeated calls, Mr Aleksey Navalnyy is still not released and is detained mainly in solitary confinement without direct and unsupervised access to his lawyers;

EXHORTED once again the authorities to release him immediately.