Lawyer explains consequences of exclusion of Russia from Convention on Human Rights

When commenting on the decision of the European Court of Human Rights to exclude Russia from the parties to the European Convention on Human Rights on September 16, Galina Arapova*, the director of the Centre for the Protection of Media Rights**, has explained that Russia will be held liable for all violations of the committed by the Russian authorities before September 16.

The “Caucasian Knot” has reported that on March 16, it became known that the European Court of Human Rights (ECtHR) suspended consideration of complaints from Russia in connection with the Russia’s withdrawal from the Council of Europe. Meanwhile, the cases that were received from Russian citizens at the ECtHR before March 16 should be considered and the decisions made before that date should be executed, lawyers note.

Russia has ceased to be a member of the Council of Europe (CE), but this fact does not relieve the country of its obligations, which were taken under the European Convention on Human Rights, for all violations committed before September 16. This was announced by Galina Arapova*, the director of the Centre for the Protection of Media Rights**, the website of the Centre for the Protection of Media Rights** reports.

According to Galina Arapova *, the issue of execution of the decisions made remains open.

If Russia refuses to participate in the consideration of cases by ECtHR and does not present its position or send its representative, then the ECtHR has the right to consider the case in the absence of the defendant, the human rights defender explains. According to her, “there is still a mechanism for considering complaints,” and it will operate even if Russia expresses its unwillingness to participate in the consideration of cases.

* On October 8, 2021, the Russian Ministry of Justice included Galina Arapova into the “Register of Foreign Mass Media Acting as a Foreign Agent”.

** The organization is included by the Russian Ministry of Justice in the register of NCOs performing the functions of a foreign agent.