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    Can be Russia punished for nonfulfillment of the judgements of the Strasbourg Court? | 25 Sep 2017

    Last week the Committee of Ministers of the Council of Europe (CMCE) carried on the regular session, the main aim of which was the issue of fulfillment of the judgements of the European Court of Human Rights by the countries.

    According to the Kommersant newspaper, eventually all five judgements of the ECHR with regard to the case against Russia were determined as unfulfilled.

    However, the UCHR has just only applied to the Russian authorities. As for the life-term prisoner and employee of Yukos Alexey Pichugin, whose law violation of fair trial was re-recognized in June by the UCHR, the CMCE asks the Russian authorities `to inform about measures which are introduced for removal of identified by the UCHR shortcomings`.

    After second judgement of the UCHR, Russia`s Supreme Court has not started the review of the Alexey Pichugin`s case yet. Ksenia Kostromina, Alexey Pichugin`s lawyer, told Kommersant newspaper that `it remains to wait for the authorities` reaction` to the appeals of the CMCE.

    The portal HRO.org has reported earlier that the UCHR in its judgement on the Pichugin`s second case noted a violation of his right of fair trial, under article 6 of the European Convention on Human Rights.

    It gives ground for a criminal case review. Alexey Pichugin`s lawyers said that they intended to seek for revocation of the unjust judgement, according to which their client became a life-term prisoner in high-security penal colony.

    According to paragraph 2, part 4 of article 413 and 415 of the Criminal Procedure Code of the Russian Federation, violation of the provisions of the European Convention during trial performed by the court of the Russian Federation, which was established by the UCHR gives ground for revival because of new developments in the case.

    Therefore, the chief of the Russia`s Supreme Court, Vyacheslav Lebedev must make appropriate representation in the Presidium of the Supreme Court of the Russian Federation. Otherwise, Russia becomes the violator of its international obligations. In the meantime, the state still has not overturned Alexey Pichugin`s first conviction, who was unlawfully convicted, although the ECHR stated about that in its judgement even in 2012.

    Federal Bailiff`s Service expropriated Michail Khodorkovsky`s award compensated for moral damage in the amount of 10 thousand euros for the purpose of paying the amount of 17.4 billion rubles of damage, facing the applicants for debts of Yukos, despite that the UCHR recognized these penalties as violation of the Convention.

    According to the proclamation of Anton Drel, lord David Pannik and Jonathan Glasson, applicants `were essentially melted` because of `deliberate nonfulfillment of the judgement by the Russian authorities`.

    Because of `debt` Platon Lebedev cannot leave Russia and work in it as well. Michail Khodorkovsky is actually ordered home. The Department of Justice informed the ECHR that applicants have the right to challenge proceeding in execution in their case in the Court of Russian Federation.

    In addition to the findings of the Yukos case, there is also an appeal `to admit Alexey Navalny to the presidential election` — it is contained in the decision of the CMCE on the unfulfilled EHCR judgement in the case of `Kirovles`.

    The CMCE is authorized to apply under paragraph 4, article 46 of the European Convention to countries that do not comply with the provisions of the UHCR, but firstly it has to apply to the Grand Chamber to establish the fact of violation of the obligation by the state to comply with the Convention.

    The Council of Europe decided to start using this procedure from Azerbaijan, whose authorities refuse to release the oppositionist IIgar Mammadov, whose case was recognized as politically motivated by the ECHR in 2014. In 2013 he was sentenced to 7 years because of the blog that contained data about events in the country during the presidential election (he was refused in registration).

    Michail Khodorkovsky`s and Platon Lebedev`s representatives in the UCHR filled an order for the Strasbourg Court to launch a similar procedure against Russia.

    They ask to take this `exceptional step` in connection with nonfulfillment of the judgement of the UCHR on violations of Yokos ex-owners` rights by Russian authorities during the investigation, trial and sentence.

    Based on the materials of the media, the review was prepared by Vera Vasilyeva, HRO.org

  • 14 years behind bars without fair trial. What did Strasbourg rule in the case of Pichugin?
  • Zoya Svetova: Who is it, Mikhail Savitsky, conducting an interrogation of Aleksey Pichugin
  • Alexey Pichugin: «I wrote a motion to have a visit from my mother»
  • Statement of Igor Viacheslavovuch Sutyagin
  • Mikhail Khodorkovsky: «An innnocent man, Alexey Pichugin, is still behind bars»
  • The European Court of Human Rights. CASE OF PICHUGIN v. RUSSIA. Judgment
  • Sabine Leutheusser-Schnarrenberger about Alexey Pichugin case
  • Leonid Nevzlins interview about the «case»
  • The «Amnesty International» is anxious about Alexey Pichugins condition

  • Trial of vengeance

  • Journalist Valeriy Shiryaev on the first case of Aleksey Pichugin in his book «Trial of vengeance. The first victim of the YUKOS case»