The arrest and detention of Alexei Navalny in January 2021
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 22 April 2021 (14th sitting) (see Doc. 15270, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Jacques Maire). Text
adopted by the Assembly on 22 April 2021 (14th sitting).See
also Recommendation 2202
(2021).
1. Alexei Navalny is a Russian opposition
politician and anti-corruption campaigner. On 17 January 2021, he
returned to Russia from Germany following treatment for alleged
poisoning. He was arrested on arrival under a warrant issued for
having breached the terms of a suspended sentence passed in 2014
in the so-called Yves Rocher case. On 2 February 2021, the Simonovskiy
District Court of Moscow converted the suspended sentence into a
sentence of two years and eight months in prison. Since 12 March
2021, Mr Navalny has been held at Penal Colony No. 2 in Pokrov,
east of Moscow.
2. The Parliamentary Assembly recalls that in its 2017 judgment
in the case of Navalnyye v. Russia,
the European Court of Human Rights (the Court) held that the conviction
of Mr Navalny (and that of his brother) in the Yves Rocher case
had violated the prohibition on punishment without law (Article 7
of the European Convention on Human Rights, ETS No. 5, the Convention),
as the relevant offences had been “extensively and unforeseeably
construed”, inconsistent with the essence of the offence; and had
violated his right to a fair trial (Article 6 of the Convention),
since the domestic courts had acted so arbitrarily as to fundamentally
undermine the fairness of the trial. The Court called for the criminal
proceedings to be reopened, and for the domestic courts to be obliged
to remedy the aforementioned violations.
3. The Assembly notes that in April 2018, the Russian Supreme
Court reopened the criminal proceedings but found no grounds to
quash or change Mr Navalny’s conviction, asserting that the relevant
offences had been fully established and all procedural requirements
had been met. It further notes that the Russian Government has claimed
that the Navalnyye judgment has been fully executed, referring to
the Supreme Court’s decision and its own payment to Mr Navalny of
the just satisfaction and legal costs and expenses awarded by the
European Court of Human Rights.
4. It recalls that the European Court of Human Rights has ultimate
jurisdiction over all questions of interpretation and application
of the European Convention on Human Rights. It further recalls that
States parties to the Convention are obliged to execute in full
the judgments of the Court.
5. The Assembly notes that, in March 2021, the Committee of Ministers
adopted a decision on the implementation by the Russian Federation
of the Navalnyye judgment of the European Court of Human Rights. The
Committee of Ministers expressed “grave concern” that the reopening
of the proceedings had not remedied the violations and “profound
concern” that Mr Navalny’s suspended sentence had been converted into
a prison sentence. It urged the authorities to take “all possible
measures to quash” Mr Navalny’s conviction and to release him without
delay. It further decided to return to the case at its next meeting
in June 2021, when it would consider adopting an interim resolution
should Mr Navalny not by then have been released.
6. The Assembly recalls that the Committee of Ministers is competent
under the European Convention on Human Rights to supervise the execution
of the judgments of the European Court of Human Rights, including by
determining when a respondent State has implemented all the necessary
measures. It further recalls the procedural tools available to the
Committee of Ministers under Article 46 of the Convention, should
there be a problem of interpretation of a judgment or should a respondent
State refuse to execute it.
7. The Assembly notes that in February 2021, the European Court
of Human Rights granted an interim measure requiring the Russian
Government to release Mr Navalny with immediate effect, having “regard
to the nature and extent of risk to [Mr Navalny’s] life … and seen
in the light of the overall circumstances of [his] current detention”.
The Assembly, recalling its
Resolution
1991 (2014) “Urgent need to deal with new failures to
co-operate with the European Court of Human Rights” reaffirms that
interim measures are legally binding.
8. The Assembly notes with grave concern that Mr Navalny’s medical
condition is said to have deteriorated significantly since he was
detained. It notes that the prison medical service has diagnosed
Mr Navalny as suffering from multiple herniated spinal discs, and
that an independent medical specialist has stated that Mr Navalny’s
current treatment by the prison medical service – which Mr Navalny
has largely declined to accept – is “contraindicated, undesirable
and ineffective” and could cause further serious health problems. Mr Navalny’s
requests to be examined by a specialist of his choice have not been
granted. Mr Navalny has been on hunger strike since 31 March 2021.
The Assembly considers that, despite the Russian authorities’ claim
that Mr Navalny’s current health condition is “satisfactory”, the
apparent failure to provide Mr Navalny with adequate medical care
in prison may raise issues under Article 3 of the European Convention
on Human Rights (prohibition on inhuman treatment or punishment).
9. The Assembly considers that further issues under the European
Convention on Human Rights may be raised by other aspects of Mr Navalny’s
detention conditions, including that he is reportedly disturbed
by prison guards repeatedly during the night, causing cumulative
sleep deprivation; he is reportedly strip-searched prior to meeting
his lawyers; and his lawyers have complained of extensive limitations
on their access to their client. The Assembly considers that the
broadcasting of videos of Mr Navalny in detention, including one
made by a prison monitor accompanied by a film crew from a State-funded
media outlet, and others apparently recorded by prison guards and
prison surveillance cameras, may raise issues under Article 8 of
the European Convention on Human Rights (right to respect for private
life).
10. The Assembly notes that Mr Navalny has been categorised as
an escape risk, despite having returned to Russia voluntarily; he
has also been cited for numerous disciplinary infractions in prison
but has reportedly been denied access to his personal file, despite
having a right to contest these citations. The Assembly notes with
concern that these two considerations may result in Mr Navalny being
denied early release, for which he may become eligible in the near
future.
11. The Assembly notes that Mr Navalny and his lawyers have repeatedly
written to the relevant authorities, including the prison administration,
the federal service for the execution of sentences, the prosecutor
general and the human rights ombudsman. It notes that only the ombudsman
has replied to any of these letters, refuting all complaints about
Mr Navalny’s medical and detention conditions on the basis of information
from the prison service, a prison monitor who had accused Mr Navalny
of faking his symptoms and a prison monitor whose confrontational
meeting with Mr Navalny was broadcast on State-funded media. The
Assembly considers that these circumstances raise questions about
the effectiveness of the domestic mechanisms for addressing complaints
concerning Mr Navalny’s medical condition and conditions of detention.
12. The Assembly therefore:
12.1 expresses
its full support for the position of the Committee of Ministers
as set out in its March 2021 decision;
12.2 calls on the Russian Federation:
12.2.1 to intensify
its co-operation with the Committee of Ministers in order to achieve
full implementation of the Navalnyye judgment;
12.2.2 further to the Committee of Ministers’ decision and the
interim measure granted by the European Court of Human Rights, to
release Mr Navalny immediately and in any event before the next
“human rights” meeting of the Committee of Ministers in June 2021;
12.2.3 pending his release, to provide Mr Navalny with all necessary
medical care, including examination and treatment by a doctor of
his choice, and to ensure that his rights under the European Convention
on Human Rights and domestic law are fully respected;
12.3 invites the European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT) to conduct
a monitoring visit to the detention facility where Mr Navalny is
being held; calls on the Russian Federation to authorise promptly
the publication of any report resulting from such a visit;
12.4 calls on the Russian delegation to the Assembly to co-operate
fully with the rapporteur in the exercise of his mandate to ensure
follow-up to this Resolution, in accordance with the Assembly’s
Rules of Procedure;
12.5 resolves to continue to follow closely the situation of
Mr Navalny.
