Grand Chamber case of Navalnyy v. Russia

Summary

The European Court of Human Rights (ECtHR) published on 15 November 2018 its veredict concerning the case of Alexei Navalny against the Russian Federation, related to his arrest on seven occasions in 2012 and 2014 at different public gatherings, and the subsequent proceedings against him for administrative offences.

The Court found in this case several violations of the Convention. In particular, the Court found that some of the arrests had actually aimed at suppressing political pluralism. It invited Russia to take steps to guarantee the right to freedom of peaceful assembly.

Further information:

The case originated in five applications, No. 29580/12, 36847/12, 11252/13, 12317/13 and 43746/14.

In its judgement, the Grand Chamber of the ECtHR held unanimously that there had been:

• violation of Article 5 § 1 (right to liberty and security/lawfulness of arrest or detention) of the European Convention on Human Rights (ECHR);
• violation of Article 6 § 1 (right to a fair trial) as regards six sets of administrative proceedings;
• no violation of Article 6 § 1 over a seventh set of administrative proceedings;
• violation of Article 11 (freedom of assembly and association) of the European Convention

It also held by fourteen votes to three that there had been, a violation of Article 18 (limitation on use of restrictions on rights) of the Convention.

Grand Chamber judgments are final (Article 44 of the Convention). All final judgments are transmitted to the Committee of Ministers of the Council of Europe for supervision of their execution.

• Primary Source

Commentary and Analysis

Euro|topics, November 2018: Russia ordered to pay Navalny compensation https://www.eurotopics.net/en/210060/

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News

BBC News, 15.11.18: Russia Navalny: Strasbourg court condemns detentions of Putin foe https://www.bbc.co.uk/news/world-europe-46220016

The Guardian, 15.11.18: Alexei Navalny: arrests in Russia politically motivated, ECHR rules https://www.theguardian.com/world/2018/nov/15/alexei-navalny-arrests-russia-politically-motivated-echr

The New York Times, 15.11.18: European Court Vindicates Aleksei Navalny, Russian Opposition Leader https://www.nytimes.com/2018/11/15/world/europe/aleksei-navalny-european-court.html

TASS, 15.11.18: Russia violated opposition figure Navalny’s rights, ECHR rules http://tass.com/society/1031072

The Moscow Times, 15.11.18: Russia's Arrests of Navalny Were Politically Motivated, European Rights Court Rules https://themoscowtimes.com/news/russias-arrests-of-navalny-were-politically-motivated-european-rights-court-rules-63502

TIME, 13.11.18: Russia Bars Opposition Leader Alexei Navalny From Leaving the Country http://time.com/5452992/russia-opposition-alexei-navalny-exit-barred/

RT, 13.11.18: Kremlin critic Navalny barred from leaving Russia over ‘surprise’ debt https://on.rt.com/9igo

France24, 15.11.18: Putin critic claims victory after rights court condemns arrests https://www.france24.com/en/20181115-putin-critic-claims-victory-after-rights-court-condemns-arrests

RT, 15.11.18: European court finds political motive in opposition figure’s arrests https://on.rt.com/9ini

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Official

ECtHR: Press Release, 15.11.18: Grand Chamber judgment Navalnyy v. Russia - violation of opposition figure's rights http://hudoc.echr.coe.int/eng-press?i=003-6252011-8134836

ECtHR: Delivery of the judgement http://tv.coe.int/ECHR/video.php?v=20181115_arretcedh

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