MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2021)1411/H46-32

16 September 2021

1411th meeting, 14-16 September 2021 (DH)   H46-32 Navalnyy and Ofitserov (Application No. 46632/13) Navalnyye (Application No. 101/15) v. Russian Federation Supervision of the execution of the European Court’s judgments   Reference document CM/Notes/1411/H46-32

 

Decisions

The Deputies

1.         recalled that in these two cases the European Court held that the applicants were convicted of acts indistinguishable from regular commercial activities by judicial decisions that were arbitrary, unforeseeable and manifestly unreasonable, in violation of the right to a fair trial (violation of Article 6 of the Convention) and, in the Navalnyye case, of the principle of nullum crimen nulla poena sine lege (no crime or punishment without law) (violation of Article 7 of the Convention);

2.         recalling their previous decisions in these cases and the interim resolution in the Navalnyye case adopted at the last meeting and noting the information concerning the difficulties related to the transfer of power of representation of the interests of the Russian Federation at the European Court, expressed nonetheless profound regret at the late response by the authorities;

3.         again strongly urged the authorities to release immediately Mr Aleksey Navalnyy, to quash the convictions impugned in both cases, and to reimburse the applicants in the amount of the fine and the civil damages they have paid;

4.         as regards the Navalnyy and Ofitserov case, reiterated their invitation to the authorities to provide their comments concerning the measures of redress still available to them in the case of late Mr Ofitserov;

5.         as regards the Navalnyye case, stressed the importance of maintaining dialogue and affirmed their readiness to ensure the implementation of the judgment;

6.         in that light, invited the Secretary General to write a letter to the Minister of Foreign Affairs of the Russian Federation conveying deep concern about Mr Aleksey Navalnyy’s continuing detention;

7.         further invited the Russian authorities to engage without further delay, in consultations with the Secretariat and to provide by 18 October 2021 a detailed analysis of the avenues available under the Russian legislation to implement fully the judgment of the European Court;

8.         decided to resume the consideration of individual and general measures in both of these cases at their 1419^th meeting in December 2021 (DH) at the latest.