Expert: the amount awarded by the ECHR Bulk differ greatly from conventional

The European court of human rights has recognized the unjust verdict in 2014, opposition leader Alexei Navalny and his brother Oleg Navalny case “Yves Rocher”. Now Russia has to pay €82 thousand Ministry of justice has stated its disagreement with this decision. “MK” has found out what it means, and how events will develop further.


photo: ru.wikipedia.org

According to the decision published on the website of the ECHR, the court found that in his complaint, Navalny rightly invoked the violation of their rights to a fair trial and to no punishment without law. Now the case should be re-considered in a Russian court, and the brothers of compensation: Alexey — €55 thousand, Oleg — €27 thousand However, while this decision into force has not come. In the Ministry of justice stressed that “the ECHR has refused to recognize the presence of “political motivation” in the actions of national law enforcement agencies in the prosecution brothers Navalny”. And the fact that there had been procedural violations, the Ministry of justice does not agree – I am preparing a complaint to the Grand chamber of the ECHR.

– This was to be expected, – said the “MK” lawyer Dmitry Agranovsky. – They appeal and more communicating decisions and I would say even certain. And this decision, as they say, God himself commanded to appeal.

– What confuses you? Unusually large amount of compensation?

– Of course, the amount awarded to Alexei Navalny strongly differ from accepted in judicial practice. The ECHR is actually not a very generous organization – in an average year of detention they award around €1000, I can see that in very many cases. Practice of the ECHR in relation to the Bulk is generally very different from the practices against not only ordinary people, but many politicians, at least take Udaltsov, Limonov, some liberals. They’ve never faced with such a sympathetic attitude. But I was disappointing more. Such cases as in the Bulk, acutely politicized in the General practice of the ECHR is very small. And ordinary applicants – tens of thousands. Only here the opponents of the ECHR form an opinion about him on political Affairs. And this practice is one-sided, biased, questioned the complaints of those tens of thousands of applicants. If you could persuade Navalny never apply to the ECHR, I would have done it. It gives an extra trump card for critics of the ECHR’s supporters out from under its jurisdiction.

– Why Bulk to the ECHR a special relationship?

– Of the ECHR such a setting, and it was known when we joined the Convention, they are trying to promote the development of democracy and promotion of human rights. Therefore, politicized cases there may be considered out of turn. I’m sure they come from incorrect installation, which Navalny is the leader of the opposition, the popularity equal to Putin and if we admit it before the election, then at least be a second round or even Navalny will win. The ECHR not only to the Bulk are so. Take, for example, the decision in the case Ocalan, the Kurdish politics, which in Turkey in 2004 was sentenced to death. The ECHR in its decision indicated that it was a violation of his right to a fair trial. The Turks overturned the conviction, Ocalan is still alive.

– What I might do justice? And what is the result?

– The Ministry of justice should appeal to the Grand chamber of the ECHR. The Grand chamber rarely assigns the case to his consideration. We can assume that after the chamber refused to review the case, it will enter into force. Then Alex and his lawyers will have the right to appeal to the Presidium of the Supreme court that the President made a representation for reconsideration. And, most likely, the sentence will be reversed and the case remanded for a new trial.

Protection Navalny said that the Supreme court may dismiss the case.

– While there was not a single case to all that-then he stopped, he usually sends the case for retrial. And when considering new lawyers will be able to use the facts established by the ECtHR to justify the need to justify Bulk or drop the case. I know at least one case when it was rotated 180 degrees. His helper was sentenced Kostroma court for the murder of a policeman for 19 years without a jury. The ECHR found a violation, the Bureau of the armed forces sent the case for retrial, and the jury ultimately acquitted the defendant and he was paid compensation.

– Do you know cases when compensation awarded by the ECHR, are not paid?

– Refunds are always regularly. This is to state the least painful subject — well, that is for our country even 100 thousand euros? But the legal implications of this decision for him, the most painful.

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