The European Court Of Human Rights Calls For Russia’S “Immediate” Release Of Navani
2021-02-17 | by CusiGO
The European Court of human rights has called for the “immediate” release of opposition Alexei navarni. The Strasbourg Based High Court stressed in a preventive ruling on Wednesday that navani’s life could be at risk as he is being held in a pre-trial detention center in Moscow. The undisclosed decision is in response to an urgent appeal made by the activist’s lawyer after returning from Germany to Moscow on January 17, where he recovered from a near life-threatening poisoning he suffered in Siberia last August.
Russia is a member of the Council of Europe and ratified the European Convention on human rights in 1998. Therefore, under the protection of the high court, it must abide by its resolutions and judgments, although it may take several years in practice. The Russian government strongly criticized Strasbourg’s decision and assured that the Convention did not provide for such interim measures, all of which would be implemented in the “good faith” of all countries. In his view, this Wednesday’s resolution is “unenforceable.”. Moscow insists that this opinion is “interference” in its judicial system and “crossing the red line”. This is the first time that the European Court of justice has asked Russia to release anyone immediately. He did so by referring to Article 39, which was designed to protect persons facing “imminent danger or irreparable damage”.
The statement, signed by a group of seven judges, is a new blow to Russia, which has been convicted in Strasbourg and whose relations with the West have been intensified by the case against dissidents and the Kremlin’s refusal to accept all charges of terrorist attacks.
Strasbourg’s opinion is not part of the proceedings leading to the arrest of opponents, who were sentenced to three and a half years in prison on February 2 for violating parole conditions in Germany, Four years ago, the European Court of human rights ruled “arbitrary and unfair” in a 2014 fraud and misappropriation case.
Judges of the European Court of justice asked Russia about navani’s situation, his imprisonment, whether his life was still in danger, and whether regular personal checks were conducted on his treatment in accordance with European standards. The Russian government replied that dissidents were held in a “heavily guarded” facility with video surveillance in the cells and electronic communication through the prison system. However, the 44 year old objector complained that the current situation did not provide “adequate protection” for his life and health and that the authorities prevented him from obtaining an appropriate defence.
Navani appealed the February 2 verdict, which complements many of the judicial cases he has been charged with. The appeal hearing is expected to take place on Saturday, ahead of another case of defamation of veterans, in which anti-corruption activists were also accused. He said the Strasbourg resolution was “mandatory” and stressed that they wanted Moscow to respect it and release the opposition. Their case, coupled with huge social discontent, contributed to Russia’s biggest protest in a decade.
The Russian government warned that it would not comply and defined the European Commission of human rights claim as “unenforceable, unreasonable and illegal”. Russian justice minister Konstantin chuichenko told state agency TASS that the lawsuit “violated Russian law and did not mention the rule of law.”. “The European Court of human rights cannot replace national courts, nor can it reverse their decisions,” he added
In 2020, the European Court of human rights (EHR) will have more than 13500 appeals, lawsuits and applications against Russia. Russia is the country with the largest number of cases in Turkey. In recent years, the Russian authorities have proposed laws to dilute the judgment of EHR. Last year, a constitutional amendment was passed to declare its legislative priority. On international law; a mechanism they can now activate to prove non-compliance.
Mikhail yemelyanov, first vice chairman of the Duma National Legislative Council, has stressed that Russia has the right not to meet Strasbourg’s demands because, as he stressed to the Interfax agency, “it violates the Constitution and the principle of sovereignty.”.