Interim Resolution CM/ResDH(2024)49
Execution of the judgments of the European Court of Human Rights
Navalnyy and Ofitserov against Russian Federation
(Adopted by the Committee of Ministers on 14 March 2024
at the 1492nd meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
46632/13
NAVALNYY AND OFITSEROV
23/02/2016
04/07/2016
101/15
NAVALNYYE
17/10/2017
05/03/2018
76204/11+
NAVALNYY AND YASHIN
04/12/2014
20/04/2015
32963/16
NAVALNYY
15/05/2018
15/05/2018
29580/12+
NAVALNYY
15/11/2018
Grand Chamber
43734/14
NAVALNYY (No. 2)
09/04/2019
09/09/2019
75186/12
NAVALNYY AND GUNKO
10/11/2020
10/02/2021
25809/17+
NAVALNYY AND OTHERS
04/10/2022
04/10/2022
36418/20
NAVALNYY (No.3)
06/06/2023
06/09/2023
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Recalling that although the Russian Federation ceased to be a High Contracting Party to the Convention on 16 September 2022, it remains bound by obligations under the Convention, including to implement judgments of the Court, in accordance with Article 58 of the Convention, recalling further that the Committee of Ministers continues to supervise the execution of the judgments and friendly settlements concerned (Resolution of 22 March 2022 of the Court and Resolution CM/Res(2022)3);
Recalling the Committee’s previous decisions, and the two interim resolutions adopted at its 1428th meeting (March 2022) (DH) and 1459th meeting (March 2023) (DH) exhorting the authorities to assure Mr Aleksey Navalnyy’s immediate release, and urging them also to ensure his free access to independent doctors and unimpeded visits from his lawyers;
Recalling also that in two judgments of this group (Navalnyy and Navalnyy (No. 2)), the Court found a violation of Article 18 taken in conjunction with Article 5 § 1 and 11 respectively, holding that measures imposed on the applicant, including judicial orders for administrative detention and house arrest, pursued the ulterior purpose of suppressing “that political pluralism which forms part of ‘effective political democracy’ governed by ‘the rule of law’”;
DEEPLY DEPLORED the blatant disregard of the Russian authorities to the Committee’s previous calls for Mr Navalnyy’s release and warnings about his deteriorating health conditions;
STRONGLY CONDEMNED the Russian authorities for Mr Alekseyey Navalnyy’s death in detention, which appears to be the alarming consequence of the pattern of victimisation and his political persecution revealed by the many violations found by the European Court in this group of cases, in retaliation for his anti-government protests and investigation activities;
EXHORTED the authorities to conduct an effective investigation which should be independent, impartial, prompt, expeditious and thorough, involve family members, and be transparent;
STRONGLY URGED the authorities to carry out this investigation by an ad hoc mechanism, such as an international independent and impartial commission of inquiry, to better ensure the independence bearing in mind the lack of trust in existing institutions;
URGED ONCE AGAIN the Russian authorities to carry out an effective investigation into credible allegations of attempted murder in 2020, aggravated, moreover, by the suspected use of substances prohibited by the Chemical Weapons Convention.