MINISTERS’ DEPUTIES

Notes on the Agenda

CM/Notes/1514/H46-A3

5 December 2024

1514th meeting, 3-5 December 2024 (DH) Human rights   Item A3: Means to ensure implementation of judgments of the European Court of Human Rights with respect to the Russian Federation Supervision of the execution of the European Court’s judgments

 

This item is proposed in line with the previous decisions of the Committee of Ministers. The present Notes propose further action and, in an annex, takes stock of the situation regarding Russian cases pending execution, and the developments in 2024^[1]. They build on all previous information documents prepared by the Department for Execution of Judgments (DEJ) and the respective decisions of the Committee.

I.          Proposed strategy for case processing

Delivery by the Court of new judgments concerning the Russian Federation

In addition to the stock of Russian cases already pending before the Committee of Ministers (see annex, section II), the Court continues delivering judgments against the Russian Federation.

During his exchange of views with the Committee of Ministers on 23 October 2024,^[2] the President of the European Court of Human Rights, Judge Marko Bošnjak, indicated^[3] that (on the day of his intervention) 7,350 applications against the Russian Federation were still pending before the Court, of which more than half are related to armed conflict, including five inter-state cases.

The processing of Russian cases follows two “tracks”:

-       First, “message” cases with marked importance for Russia’s international law responsibility under the Convention, for example cases related to civil society activists and democratic governance. These cases have been selected for processing by Chambers of seven judges (for example concerning the “foreign agents” laws and their repercussions on NGOs and activists).

-       Applications falling under well-established case-law. These are processed in a simpler manner, using case-processing tools which the Court has developed to deal with repetitive cases, mostly by groups. These should in principle correspond to cases/groups already pending before the Committee of Ministers.

The President indicated that it is expected that the bulk of work on the remaining cases against Russia will be finished by the Court by the beginning of 2025.

In addition, five inter-state cases are currently pending against Russia^[4] (in two of these cases, judgments on the merits have been delivered and the pending issue is in respect of just satisfaction only). A judgment on the merits was delivered in Ukraine v. Russia (re Crimea) on 25 June 2024, in which the Court found a pattern (“administrative practice”) of violations of the Convention by the Russian Federation in Crimea from February 2014. The President stressed that this judgment represents an important milestone in ensuring Russian accountability for its actions in Ukraine and demonstrates the Court’s determination to deal with such cases effectively. A hearing was also held on 12 June 2024 in the case of Ukraine and the Netherlands v. Russia, concerning the conflict in eastern Ukraine since 2014, the downing of Flight MH17, the allegations of abductions of three groups of Ukrainian children from Ukraine to Russia, and Russia’s military operations on the territory of Ukraine since 24 February 2022. Furthermore, there are approximately 3,700 individual applications pertaining to armed conflict in which Russia is the sole or one of the respondent States. These cases stem from the conflicts in Crimea and eastern Ukraine since 2014, as well as from the Russian military operations in Ukraine that started on 24 February 2022. The subject matters of the vast majority of these individual applications overlap with the subject matters of the above-mentioned two inter-State cases pending before the Grand Chamber. The President noted that the examination of these cases is a priority for the Court and substantial resources have been allocated to ensure their examination. It can be noted that such cases also correspond to priorities defined for the Council of Europe in the Reykjavík Declaration.

Proposals for supervision by the Committee of Ministers

In 2022-2024, the Committee of Ministers will have adopted 55 decisions (25 decisions in 2022; 18 in 2023; 12 in 2024^[5]) with regard to 60 leading cases / groups covering 24 subjects.

The proposed schedule of examination of cases for 2025 remains unchanged for now (in general two to three cases per DH meeting): the indicative work programme for 2025 includes eight group of cases in respect of Russia covering more than 20 cases. It is foreseen to keep the practice of examining such cases without debate (except where a request for debate would be approved by the Committee, in especially sensitive or cases requiring an individual examination in view of their urgency, importance or impact).

With a view to ensuring full institutional coherence in light of the strategic priorities of the Organisation as a whole, it would seem important for the Committee of Ministers, while reviewing its own strategy for case processing, to take into account the Court’s strategy in classifying and dealing with Russian cases.

Repetitive cases transmitted by the Court should continue to be grouped under the relevant leading cases/groups of cases. It is unlikely that many, or indeed any, can be closed, given the failure by the Russian authorities to pay just satisfaction or inform the Committee of any individual measures taken.

In view of the strategic importance of inter-State and conflict-related cases for the member States concerned and the Organisation^[6] - including to ensure accountability in the context of the Russian Federation’s aggression against Ukraine^[7] - it is proposed that the Committee continues with the practice adopted so far of examining such cases at regular intervals.

Finally, it is proposed for now to continue preparing notes and draft decisions on key cases (i.e. “message” cases that continue to be delivered by the Court and other leading cases/groups “with marked importance for Russia’s international law responsibility under the Convention” already pending before the Committee of Ministers) until all have been individually examined at least once., giving the Committee an opportunity to define the type of execution measures required.

There are currently six groups of cases covering different key themes which have not been examined by the Committee. Considering the Court President’s indication that the bulk of the Court’s work (except for inter-State cases) will be finished by the beginning of 2025, it is foreseeable that at the current rate of examining two or three groups/judgments covering new key themes per DH meeting, the Committee will have examined all remaining “message” cases by mid-2026. Previously examined cases of this kind could also be proposed occasionally as required, for example if there is a new major development.

Thereafter, the Committee could exercise its supervision over these cases on the basis of a CM/Inf document, to be updated for each DH meeting. This document would offer an overview of all leading Russian cases pending execution and could be based on the already existing stocktaking document that is available on the DEJ website. The latter would be transformed into a Committee of Ministers’ (rather than a Secretariat) document. It could be further developed, indicating for each case not only the outstanding measures (either references to decisions of the Committee where they exist or simple indications from the Secretariat about the types of execution of measures required otherwise^[8]), and also including links to all Rule 9 communications. This document could be prepared as of the 1521^st meeting (4-6 March 2025) (DH), and updated for each DH meeting thereafter.

Based on this document, the Committee might wish to adopt decisions at each DH meeting, taking note of it, authorising its publication and reiterating strongly the Russian authorities’ continued obligation to take measures to enforce all the judgments adopted against it, which still remain unenforced, and to remedy the shortcomings listed in this document. The decisions should also strongly reiterate the obligation to pay the just satisfaction.

Specific proposals to consider

Based on the information provided in the Annex to this document, the Committee may consider:

·         instructing the Secretariat, from 2025 onwards, to transform the Memorandum on “Judgments of the European Court of Human Rights against the Russian Federation: measures required in the pending cases”, which tables all leading cases by Convention Article and also by specific subject where necessary, into a CM/Inf document (rather than a DEJ document), to develop it further and to update it for consideration at each CM-DH meeting, instead of yearly updates;

·         indicating that synergies notably between the United Nations and the Council of Europe concerning the execution of judgments of the Court regarding the Russian Federation should continue and be further strengthened, as appropriate;

·         instructing the Secretariat to bring, as relevant, the Committee’s decisions on Russian cases to the attention of relevant international organisations and bodies, such as the UN, OSCE and EU;

·         inviting the Secretariat to explore other avenues of useful technical contact with the civil society and NGOs through participation in other relevant thematic events organised under the auspices of international organisations, academic institutions, advocacy platforms, etc.

Taking into account other proposals above, the Committee might consider inviting the Secretary General to send the Minister of Foreign Affairs of the Russian Federation a letter once a year, after the December Human Rights meeting. In this letter, he may enclose all the decisions and interim resolutions adopted during the year, the updated table setting out the required individual and general measures needed for the effective implementation of all pending Russian cases, as well as a link to the register of outstanding just satisfaction awards.

Financing assured: YES

 

ANNEX

RECAPITULATION OF THE COMMITTEE OF MINISTER’S STRATEGY AND STOCKTAKING OF

THE ACTIONS TAKEN WITH RESPECT TO

CASES PENDING EXECUTION AGAINST THE RUSSIAN FEDERATION

I.             Background

At their DH meetings in December 2022 and September 2023, the Deputies examined strategies to ensure implementation of judgments of the European Court of Human Rights (the Court) with respect to the Russian Federation.^[9] They asked the Secretariat to put them into effect and agreed to keep them under review.^[10]

It is recalled that the Russian Federation ceased to be a Party to the European Convention on Human Rights on 16 September 2022. However, the European Court of Human Rights continues to examine applications regarding alleged human rights violations by Russia that occurred before that date and the Committee of Ministers continues to supervise the execution of the judgments and friendly settlements concerned. This was confirmed in the Committee of Ministers’ Resolution CM/Res(2022)3 (23 March 2022) on legal and financial consequences of the cessation of membership of the Russian Federation in the Council of Europe (paragraph 7), which also specified that “the Russian Federation is to continue to participate in the meetings of the Committee of Ministers when the latter supervises the execution of judgments with a view to providing and receiving information concerning the judgments where it is the respondent or applicant State, without the right to participate in the adoption of decisions by the Committee nor to vote”.

The Reykjavík Declaration, adopted in 2023 at the 4^th Summit of Heads of State and Government of the Council of Europe, also underlined that the Russian Federation “still has (…) the binding and unconditional obligation under international law to implement all final judgments and decisions of the Court in relation to its acts or omissions capable of constituting a violation of the Convention that occurred before 16 September 2022". 

However, as of March 2022, the Russian authorities ceased all communication with the Council of Europe in respect of implementation of the judgments of the European Court, and they have chosen not to participate in the Committee of Ministers Human Rights meetings, which the Committee of Ministers deeply deplored.[11] They also enacted a legislation aimed at obstructing the execution of the Court's judgments[12]. Despite this, in line with the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements, the DEJ consistently continues to inform the Russian authorities in writing about communications received under Rule 9. Moreover, the Secretariat of the Committee of Ministers continues to inform them of the cases against the Russian Federation proposed for examination at the Human Rights meetings and to invite them to participate in CMDH meetings, in accordance with the abovementioned Resolution CM/Res(2022)3.

II.         Current situation of cases pending execution

In the light of the exceptional circumstances, the Committee decided to transfer all pending cases and to classify all new cases against the Russian Federation to the enhanced procedure^[13]. There are currently 2,861 cases[14] pending against the Russian Federation under the enhanced supervision of the Committee of Ministers. This represents more than 40% of all cases pending before the Committee of Ministers.[15] The breakdown is as follows:[16]

·         Leading cases: 240;

·         Repetitive cases (including friendly settlements): 2,803;

·         New cases awaiting classification: 58.

In 2024[17], the Court delivered 288 judgments against the Russian Federation covering most, if not all, of the thematic areas of human rights protection in Russia. Among them were two inter-state cases (Ukraine v. Russia (re Crimea) and Georgia v. Russia (IV). There were 7,350 applications still pending before the Court against Russia as of 31 October 2024[18].

III.        Inter-State and conflict related cases

There are currently four inter-state cases against the Russian Federation pending execution: Georgia v. Russia (I)[19] and Georgia v. Russia (II)[20], Ukraine v. Russia (re Crimea)[21] and Georgia v. Russia IV[22].

The last two cases became final and were classified by the Committee in 2024. Their first examinations will be proposed for 2025 (see under Proposed strategy for case processing in the Notes).

In 2024, the Committee continued its supervision of the two other inter-state cases, namely Georgia v. Russia (I) and Georgia v. Russia (II), which have been on its agenda since 2014 and 2021 respectively. In particular:

-       In Georgia v. Russia (I), the Committee strongly reiterated once again its profoundest concern that the payment of the just satisfaction and default interest accrued has not been made despite the passage of over five years; firmly reiterated again its insistence on the unconditional obligation under Article 46, paragraph 1, of the Convention to pay the just satisfaction awarded by the Court; and strongly exhorted once again the Russian authorities to pay without any further delay.[23]

-       In Georgia v. Russia (II), the Committee exhorted once again the authorities to thoroughly, independently, effectively and promptly investigate the serious crimes committed during the active phase of hostilities as well as during the period of occupation, so as to identify all those responsible for the purposes of bringing the perpetrators to justice. The Committee also firmly reiterated its deepest concern about the inability of Georgian nationals to return to their homes in South Ossetia and Abkhazia, and called on the Russian Federation, which has effective control over these regions, to ensure without delay measures to prevent kidnapping, killing, torture or any other incident which impedes the free and safe movement of Georgian nationals and ensures the safe return of persons wishing to return to their homes.[24]

The Committee further examined the Catan and Others v. Russia group of cases, concerning violations of the rights of children, parents and staff members of Latin-script schools located in the Transnistrian region of the Republic of Moldova during the periods 2002-2004 and 2013-2014, for which the Court had found the Russian Federation responsible due to its continued effective control and decisive influence. The Committee recalled that in addition to the payment of the just satisfaction, the measures for the execution of these judgments include the revocation of the “regulatory framework” at the origin of the violations, the return of the Latin-script schools to their former premises or to alternative premises adequate for the educational process, and measures to eliminate the harassment and intimidation of the pupils, parents and staff members. It reiterated with firm insistence the unconditional obligation of the Russian Federation under Article 46, paragraph 1 of the Convention, to execute the final judgments of the European Court of Human Rights; repeatedly expressed its gravest concern over the Russian authorities’ continued failure to comply with this obligation by paying the just satisfaction awarded and presenting an action plan setting out concrete measures for the execution of these judgments; and strongly exhorted the Russian Federation to comply with this obligation without further delay.[25]

In the Mozer v. Russia group of cases, concerning various violations of the Convention, which took place in the Transnistrian region of the Republic of Moldova in the period between 1997 and 2017, and for which the Russian Federation was also found by the Court to incur responsibility due to its continued effective control and decisive influence, the Committee deplored that some eight years after the leading judgment in this group became final, the applicants have still not benefited from any form of redress for the violations found. It exhorted once again the Russian authorities to proceed rapidly with the payment of the just satisfaction awarded by the Court, along with the interest accrued, and to provide an action plan setting out concrete steps to implement the judgment.[26]

IV.        Just satisfaction[27]

Just satisfaction register

In accordance with Interim Resolution CM/ResDH(2022)354[28] and upon the Committee’s instructions[29], the Secretariat created and published a public register of just satisfaction owing in all inter-state and individual cases against the Russian Federation. It is available on the Department for the Execution of Judgments’ special page on the Russian Federation.[30]

This register is updated weekly for inter-state cases and twice a year (so far, in January and June) for individual cases. It also counts the default interest accrued so that both the issue regarding non-payment of just satisfaction and the sums due can remain under close public scrutiny and be available to the Committee. According to the register (last updated in June 2024) - the total outstanding amount of just satisfaction debt stood at over 2,7 billion euros. This includes approximately 2,54 billion euros in the Yukos case (OAO Neftyanaya Kompaniya Yukos), plus the sums awarded by the Court in the two inter-state cases pending execution (more than 12,6 and 142,5 million euros respectively in Georgia v. Russia (I) and (II)). The register will be updated again in January 2025.

On the date of issuing this document, overall information on just satisfaction is missing in 1,598 cases against the Russian Federation (representing 56% of Russian cases pending execution). Conversely, in 1,262 cases, partial or complete information on payment had been provided, before March 2022.

Overview of possible options by the Committee of Legal Advisers on Public International Law (CAHDI)

On 7-8 February 2024, at their 1488^th meeting, the Ministers’ Deputies requested[31] the preparation of an overview by the CAHDI, exploring all possible avenues consistent with international law aimed at securing the payment by the Russian Federation of just satisfaction awarded by the European Court of Human Rights, while respecting the immunities of States and their property. The Committee indicated that, in doing so, the CAHDI should take into account relevant work of the United Nations, the European Union and other international actors.

Initially, CAHDI was requested to prepare the indicative overview of possible options by the end of September 2024. Subsequently, on 9 October 2024, the Committee accepted to extend the deadline until 31 December 2024[32].

V.         Dialogue with international organisations and civil society

In line with the Committee’s decisions on means to ensure implementation of judgments of the Court with respect to the Russian Federation, and as defined as a Priority 2024-2027 in the Programme and Budget:[33] “In respect of cases against the Russian Federation, every effort will be made to ensure the execution of the Court’s judgments, including through the development of synergies with other international organisations such as the United Nations.”

Contacts with the United Nations

In line with previous actions reported upon in 2023,[34] the Secretariat continued the cooperation with relevant United Nations bodies and informed them about the Committee’s decisions concerning Russian cases.

In the Draft Resolution adopted by the Committee of Ministers on co-operation between the United Nations and the Council of Europe for the agenda of the 79^th Session of the United Nations General Assembly,[35] reference is made to the 2023 Reykjavik Declaration of the Heads of State and Government, stressing the need to make every effort to ensure the execution of the Court’s judgments by the Russian Federation, including through the development of synergies with other international organisations, such as the United Nations; in this context it also recalled that the Russian Federation remains a member of the United Nations and a Party to a number of United Nations human rights instruments.The draft further proposes the recognition of the important work undertaken by the Committee of Ministers of the Council of Europe, which supervises the execution of the European Court’s judgments, including inter-state cases, cases revealing systemic and structural problems within the domestic legal systems and those relating to the Russian Federation, and in that context welcomes the co-operation established with the relevant United Nations bodies and the UN Special Rapporteur on the human rights situation in the Russian Federation, and encourages the continuation of such co-operation and the exploration of further avenues for its development.

The Russian Federation remains a member of the United Nations and a party to a number of UN human rights instruments, with their own monitoring mechanisms. The general and individual measures required from the Russian Federation to implement the European Court’s judgments in many instances coincide with issues followed by the UN monitoring bodies. Moreover, all 46 member states of the Council of Europe are also members states of the United Nations and are in a position to remind Russia about its obligation under the international law to execute the judgments of the European Court whenever appropriate; in the Georgia v. Russia (I) case, the Committee of Ministers invited the authorities of the member States to explore all possible means to ensure execution.[36] For example, on 13 November 2023, at its 44^th session, the Human Rights Councils Working Group on the Universal Periodic Review (UPR) reviewed the situation in the Russian Federation. During the interactive dialogue, several Council of Europe member states took the floor to remind the Russian Federation of its unconditional obligation to abide by the European Court’s judgments and decisions. These recommendations were incorporated into the UPR report and the Russian authorities noted them[37].

Contacts and exchange of irrespective information continued in 2024 on a regular basis between the Secretariat and (the Office of) the UN Special Rapporteur (see also below, Contacts with Russian civil society).

Contact with other international organisations

The Committee instructed the Secretariat to bring several of its recent decisions to the attention of the relevant international bodies and organisations, notably the UN, OSCE and EU[38], which was done. 

The Committee might wish to pursue this way of communication when necessary, and to explore how better synergies can be developed between the international organisations with a view to informing them on the decisions taken by the Committee and to ensure that the Russian authorities’ unconditional obligation to abide by the European Court’s judgments is fully and effectively complied with.

Contacts with Russian civil society

As underlined by the Committee in recent decisions, information provided by the NGOs remain crucial for the continued supervision of the execution of European Court judgments, particularly in the light of the total lack of communication with the respondent State.[39] Since March 2022, the Committee has received 48 submissions from NGOs under Rule 9, on Russian cases. The Committee may welcome once again the Rule 9 submissions and to encourage the NGOs to continue, stressing their vital role in the execution process.

The Committee held a thematic, informal exchange of views with NGOs in respect of execution of several judgments in March 2024^[40]. Should the Committee wish to engage in another exchange of views with relevant NGOs in respect of a particular thematic cluster of human rights situation in Russia, it might ask the Secretariat to make detailed proposals to hold such an exchange, for example in the course of the first semester 2025.

In line with the position of the Committee that the Council of Europe will take initiatives to support and engage with human rights defenders, democratic forces, free media and independent civil society in the Russian Federation (CM/Res(2022)3), and pursuant to the strategy endorsed by the Committee on the means to ensure implementation of judgments of the Court with Respect to the Russian Federation, the DEJ also continues to retain close contacts with the civil society, on execution matters. In November 2024, representatives of the DEJ held an online meeting with representatives of ten NGOs, in which the UN Special Rapporteur on Russia also participated, to discuss the work done in 2022-2024 and explore possible developments. From the point of view of the Secretariat, this meeting clearly confirmed how important it is for civil society that the Committee of Ministers continues closely following the execution of judgments against Russia. Through their communications to the Committee of Ministers, they can still be effectively heard, and they need the Committee to continue putting pressure on the Russian authorities with a view to ensuring compliance with judgments of the Court. The Secretariat might explore other avenues of useful technical contact with the civil society and NGOs through participation in relevant thematic events organised under the auspices of international organisations, academic institutions, advocacy platforms, etc.

VI.        Visibility

In line with the Committee’s requests, further avenues have been used to enhance the visibility of the Committee’s supervision of the Russian cases.

Letters of the Secretary General

At the request of the Committee of Ministers, the Secretary General continues to send letters to the Minister of Foreign Affairs of the Russian Federation after each of the Committee’s Human Rights meetings, informing him of the decisions and interim resolutions adopted by the Committee in cases where the Russian Federation is the respondent State. All letters have been sent, since December 2022, which are accessible on the DEJ’s special page on the Russian Federation (see below).

Use of DEJ website

The website of the DEJ now features a dedicated page concerning Russian cases[41], in which relevant news items as well as information documents prepared by the DEJ can be found. Separate statistical information is also published in respect of Russian cases.

Publicly available documents prepared by the DEJ

In December 2023, at the Committee’s invitation, the DEJ prepared a Memorandum on “Judgments of the European Court of Human Rights against the Russian Federation: measures required in the pending cases”. It tables all leading cases by Convention Article and also by specific subject where necessary. This stocktaking document is publicly available online on the Department’s website and the HUDOC-Exec database^[42]. An updated version of this document was prepared ahead of the December 2024 DH meeting (H/EXEC(2024)17) .

The public register of just satisfaction is also updated regularly and should continue to be, as well as the “country factsheet” (which consists of simplified documents prepared for communication purposes: one (evolutive) on the main issues before the Committee of Ministers^[43]; and another one (static) taking stock of the human rights problems in Russia which the Committee of Ministers considered as resolved before the expulsion[44]).

Lastly, the Committee of Ministers’ Annual Report on the Supervision of the Execution of Judgments and Decisions of the European Court of Human Rights now contains a specific chapter on the supervision of the execution of cases against the Russian Federation.^[45]