Alexei Navalny
The final decision of the Committee of Ministers of the Council of Europe (Committee of Ministers) on the case of Alexei Navalny and Peter ofitserova shows a clear politicization and bias, according to the Ministry of justice. This is stated in the message Department.
“This attitude can not be considered as an attempt of misuse of the conventional mechanism and the working bodies of the Council of Europe to exert political pressure on the Russian government in the upcoming election period,” — said in a press release.
Review of the Ministry of justice for consideration on the enforcement by the Russian authorities of the decision of the ECHR in the case of Navalny and Ofitserov. At the meeting of the Committee of Ministers, the Ministry reported on compensation, the abolition of the Supreme court in effect of criminal conviction of the applicants in connection with the findings of the ECHR, as well as carrying out at the national level of the relevant court proceedings and re-sentencing according to the results of a new conviction. “However, the Committee of Ministers considered that the Russian authorities did not fulfill the corresponding decision of the ECtHR in full, and decided to leave the issues to further the control”, — reported in the Ministry of justice.
“By itself, the Committee did not have any impact on Russia. Decisions of the Committee of Ministers were of a more political nature. However, the Committee of Ministers can apply to the ECHR and European court on the basis of this treatment may, for example, to Bulk new award compensation if it considers that his rights have been violated. But if Navalny wants to stand, he should not get money from the state”, — commented, “the Tape.ru” lawyer Lyudmila Aivar.
A former judge of the ECtHR Anatoly Kovler said the Agency TASS that the Committee of Ministers exceeded its competence in the case of Bulk. He pointed out that the imposition of acquittals or sentence in favour of the applicant ever court is not supposed to, it is entirely a function of the state or its courts.
Earlier, the head of the international Committee of the Federation Council Konstantin Kosachev, told RIA Novosti also noted that the activity of the European court of human rights (ECtHR) in the Russian direction he sees an element of political pressure on Russia. “Complaints from Russia, especially from the opposition, considered in many cases out of turn, and verdicts involve larger compensation if they are taken out in favor of the plaintiffs,” said the Senator.
In February 2017, the Leninsky district court of Kirov sentenced Navalny to five years probation for embezzlement of state enterprise “Kirovles”, and ofitserova to four. Politician and businessman got the same time as in 2013 (when they first appointed real punishment, which is then replaced by a conditional). Because the court considered that three years from the date of pronouncement of the verdict already passed the sentence, Navalny will expire in August 2018.
The verdict 2013 was cancelled by the Presidium of the Supreme court in November 2016, following the ECtHR judgments that found violations of the rights of the defendants. Politics is the second suspended sentence of 3.5 years in the case of “Yves Rocher”. These circumstances legally not allow him to participate in presidential elections.