DISINFO: ECHR demands to release Navalny is an attack on International law
SUMMARY
[Russian Foreign Ministry spokesperson Mariya] Zakharova points out the dangers with the ECHR ultimatum. The European Court for Human Rights has demanded from Russia to release Alexei Navalny. The Russian MFA states that such a demand is nothing else than an interference in Russia’s internal affairs. “This is in attack on the system of International law, and it seems that the ECHR does not understand the consequences”, says the spokesperson.
RESPONSE
Recurring pro-Kremlin disinformation narrative about the European Court of Human Rights (ECHR).
ECHR does not issue ultimata. The European Court of Human Rights is set up by the Council of Europe for monitoring the fulfilment of the CoE member states’ commitment to International Law. Russia, as a member of the Council of Europe, has committed to the respect of human rights, democracy and the rule of law.
The ECHR has decided to grant an interim measure on behalf of Aleksey Navalnyy indicating to the Russian Government to release him. The interim measure was granted under the Rule 39 of the Rules of Court. Rule 39 is for people who face "an imminent risk of irreparable harm," according to a UN Refugee Agency (UNHCR) description.
The EU has also condemned the detention of Alexei Navalny and called for his immediate release.
On 30 December 2014, Navalny and his brother were found guilty of money laundering and of defrauding the companies MPK and Yves Rocher Vostok. They were convicted under Articles 159.4 §§ 2 and 3 and 174.1 § 2 (a) and (b) of the Russian Criminal Code. They turned(opens in a new tab) to the ECHR under Article 5 §§ 1 and 3 of the Convention about being placed under house arrest for ten months. Navalny submitted(opens in a new tab) that that decision had been arbitrary and unnecessary for the purposes of his criminal proceedings and had had the goal of keeping him out of public life and away from political activity.
The ECHR ruled in 2019 that indeed there has been violations of Articles 5, 10 and a violation of Article 18 of the Convention taken in conjunction with Article 5 of the Convention (articles stipulating rights to liberty, freedom of expression and limitation on use of restrictions on rights) and awarded him compensation of 20,000 Euros, which Russia paid. See this case for further explanations of legal aspects.