Seminar: Structural Reform Processes to Improve ECHR Standards in Russia

In 2020, the Netherlands Helsinki Committee (NHC), in cooperation with the European Implementation Network, launched a project focused on promoting compliance with the European Convention on Human Rights, in particular with regard to violations concerning the repression of government opponents and freedom of expression, in Azerbaijan, Russia, Turkey and Ukraine. This initiative highlights the lack of full and meaningful implementation of European Court of Human Rights (ECtHR) judgments.

ECtHR judgments are binding on the countries involved. However, statistics indicate that implementation of these judgments is woefully insufficient. These judgments require governments to amend or introduce new legislation, policies, and practices and to address underlying human rights issues. When governments do not act on the Court’s judgment, human rights issues continue to reoccurr. Having this in mind, the initiative aims to advance policies and practices in the target countries for systemic improvements required by ECtHR judgments and the implementation process.

This seminar focused on how to stimulate reform steps to improve compliance with ECtHR standards in Russia. The seminar provided a medium for in-depth discussions on existing and new approaches to engage with the implementation process in order to promote changes in legislation, policies and practices of Russian authorities and courts. 

The seminar began with an introduction and warm welcome by Antanina Maslyka, Netherlands Helsinki Committee, Programme Officer. The first presentation was on Russia’s overall implementation record of ECtHR judgments by George Stafford, EIN Director. Next, Maria Voskobitova, PhD, ABA ROLI, Europe and Eurasia Division, Program Director, presented systemic challenges in implementing ECtHR judgments in Russia. This presentation was followed by Maria Filatova, PhD, Higher School of Economics University, Faculty of Law, School of International Law, Associate Professor, who presented on how the practice and approaches of the ECtHR have changed the Russian court system and how the implementation of ECtHR judgments should be applied at the national level.

Irina Khrunova from the AGORA International Human Rights Group then discussed the implementation status of ECtHR cases related to access to information, her experience on implementing ECtHR judgments on Article 8 and lessons learnt and relevance for work on Article 10 implementation.

The second half of the seminar covered the challenges and opportunities encountered in implementing ECtHR judgments on Article 3 by Asmik Novikova, Public Verdict Foundation, Head of Research Programmes. Then, Denis Shedov, OVD-Info, Lawyer and Analyst, presented new approaches towards implementing ECtHR judgments, with a focus on national coalition-building (Lashmankin v. Russia, Article 11 ECHR). The final presentation focused on challenges and opportunities in implementing ECtHR judgments on Article 18 ECHR: relevant experience for Russia made by Anna Maralyan, Centre de la Protection Internationale, Deputy Director for Program and development.

A big thank you goes out to everyone who presented. We would also like to thank everyone who joined this online event. We hope to continue to engage and advocate for the full and effective implementation of ECtHR judgments in Russia.

For information about the NHC, visit their website at https://www.nhc.nl/ and/or follow them on Twitter @NHC_nl, Facebook or LinkedIn, and subscribe to their newsletter.

Briefing: Judgments of the ECtHR pending implementation concerning victims of political repression in Azerbaijan, Russia, and Turkey

Last week, the Netherlands Helsinki Committee (NHC) and the European Implementation Network (EIN) held an online briefing on the topic of Judgments of the European Court of Human Rights pending implementation concerning victims of political repression in Azerbaijan, Russia, and Turkey. 

This briefing to officials from the Council of Europe Member States and the EU concerned insights and recommendations from various members of civil society involved in political repression cases, including victims, lawyers, and NGO leaders. While the theme of the briefing focused on political repression in Azerbaijan, Russia, and Turkey, presentations specifically covered four different cases: Navalny, Kavala, Demirtaş, and the Mammadli group. 

The briefing began with Pepijn Gerrits, Executive Director, NHC; and Professor Philip Leach, Director of the European Human Rights Advocacy Centre and Vice-Chair of the European Implementation Network welcoming participants and introducing the sessions. Next, a presentation was given by Ilgar Mammadov, Chairperson of the Republican Alternative Party (Azerbaijan), former political prisoner, and applicant in the only ECHR infringement proceedings to date, on the lessons learnt from his own case in the implementation of ECtHR cases concerning victims of politically motivated prosecution. 

Then a presentation on the case of Alexei Navalny (Navalnyy and Ofitserov v Russian Federation (46632/13); (Navalnyye v Russian Federation, (101/15), was given by the legal representative of Mr. Navalny. This was followed by a presentation by Professor Köksal Bayraktar, legal representative of Mr. Kavala, and Emma Sinclair-Webb, Europe and Central Asia Associate Director, Human Rights Watch, also regarding the case of Osman Kavala (Kavala v Turkey, 28749/18). The case of Selahattin Demirtaş (Selahattin Demirtaş No 2, 14305/17) was then presented by Mr. Demirtaş’ legal representative Benan Molu.

The final presentation focused on Azerbaijani politicians, human rights lawyers, journalists and activists’ cases subjected to political persecution, and was given by Anar Mammadli, Chairperson of the Election Monitoring and Democracy Studies Center, one of the applicant in the Mammadli group of cases v Azerbaijan (47145/14 and others). The briefing concluded with an open discussion, allowing participants to ask questions and deepen their understanding of the presentations given.

We would like to thank all those who were able to join the briefing, especially those who presented on these important cases. We hope that this briefing will help promote and encourage the full implementation of these cases.

For information about the NHC, visit their website at https://www.nhc.nl/, follow them on Twitter @NHC_nl, Facebook or LinkedIn, and/or subscribe to their newsletter.

Online Workshop - Execution of the Judgments of the European Court of Human Rights: Taking stock and thinking forward

Last week, EIN participated in the “Execution of the Judgments of the European Court of Human Rights: Taking stock and thinking forward” workshop, organised by the Hertie School Centre for Fundamental Rights, Middlesex University of London, and the German Federal Ministry of Justice and Consumer Protection.

The workshop focused on three main challenges often faced when advocating for the implementation of ECtHR judgments: namely delayed execution, deficient execution, and resistance to execution. Individuals who work in the various areas of implementation participated in the workshop to take stock of the challenges of implementing ECtHR judgments and discuss possible solutions. The workshop concluded with a roundtable discussion on thinking forward on the execution of ECtHR judgments.

The presentation by EIN Director George Stafford focused on solutions to improve implementation through the participation of local civil society, and by increasing the role of the European Union.

A video of the conference should be available shortly.