At the same time, the Prosecutor General’s Office will continue to pay compensation until January 1 according to the decisions of the ECHR made before March 16
A bill has been submitted to the State Duma, according to which Russia will not comply with the decisions of the European Court of Human Rights (ECHR) adopted after March 16, the database of the lower house of parliament shows.
The bill was prepared by deputies and senators from “United Russia” Pavel Krasheninnikov, Andrey Klishas, Daniil Bessarabov and Vladimir Poletaev.
This period is based on the date of the decision of the Committee of Ministers of the Council of Europe to terminate Russia’s membership in it.
“The draft federal law provides that until January 1, 2023. The Prosecutor General’s Office of the Russian Federation may pay monetary compensation to the applicant according to the rulings of the European Court of Human Rights issued before March 16,” the bill says.
It is proposed to exclude from the Administrative Code, the Civil Procedure and Arbitration Procedural Codes of Russia the provisions that the ECHR rulings serve as a basis for reviewing judicial acts that have entered into force on new or newly discovered circumstances.
The document also suggests amendments to the law “On the detention of suspects and accused of committing crimes”. “Proposals, statements and complaints sent by suspects and accused persons are no longer subject to censorship to the European Court of Human Rights, but to interstate bodies for the protection of human rights and freedoms in accordance with international treaties of the Russian Federation,” the bill says.
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On March 15, the Russian Foreign Ministry notified the Council of Europe of the decision to withdraw from the organization. The head of the Russian delegation to PACE, Pyotr Tolstoy, then said that Russia had left the Council of Europe of its own free will, the decision was “balanced and deliberate”. The next day, the Parliamentary Assembly of the Council of Europe voted to exclude Russia. The ECHR stated that it would continue to consider allegations of rights violations by Russia that occurred before September 16, 2022.
In addition, Russia has announced its intention to denounce the European Convention on Human Rights. The country will cease to be a party to the document from September 16.
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to which the Russian Federation has acceded. Therefore, the provisions of the ECHR are binding on the Russian Federation until the end of the fulfillment of all obligations under the contract, whether she likes them or not. It is impossible to change these provisions by federal law,” lawyer Tatiana Glushkova told RBC. According to her, the parliamentarians actually cancel Article 46 of the convention, according to which all the decisions of the ECHR, in the case of Russia, made on the facts that happened before September 16, are binding.
As of April 30, slightly more than 72.5 thousand complaints were awaiting consideration in the ECHR— of which 18.2 thousand (25%) were from applicants from Russia.
“The revision mechanism is key for the convention to really work,” Glushkova noted. According to the lawyer, the ECHR ruling should make it possible to restore their rights and get recognition that the decision was unfair. If, in the case of compensation, the Prosecutor General’s Office can pay it until January 1, 2023 (but only according to resolutions issued before March 16), then changes to the codes come into force from the date of publication of the law.
“Applicants whose cases have not yet been resolved by the ECHR,” even if their complaint was filed many years ago, “will have to wait indefinitely for their cases to be executed,” Glushkova added.
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