The ECtHR took the side of those protesting against the construction of the temple
[ad_1]
The European Court of Human Rights (ECHR) satisfied the complaints of 19 protesters against the construction of a church in the city park in the spring of 2019. The court ordered the Russian authorities to pay the protesters €3.9 thousand each. However, they are unlikely to receive the money: after being expelled from the Council of Europe, the Russian side no longer complies with the decisions of the ECtHR, which is why the Russian Federation now owes more than €2 billion on court decisions. Lawyer The applicants hope that someday cooperation between Russia and Europe will be resumed.
Actions against the construction of the Church of St. Catherine in the park near the Drama Theater in Yekaterinburg passed from 13 to 16 May 2019. In four days the police delayed about 100 people, 30 of them were arrested, and several more people received fines ranging from 10,000 to 15,000 rubles. Several criminal cases were also initiated. Stanislav Melnichenko was appointed 360 hours of compulsory work for insulting a representative of the authorities (Article 139 of the Criminal Code of the Russian Federation). Same were excited criminal cases on the fact of mass riots (Article 212 of the Criminal Code of the Russian Federation) and on the fact of damage to property.
According to lawyer Aleksey Bushmakov, representing the interests of the applicants, dozens of prosecuted citizens decided to file an application with the ECtHR. First time trial satisfied complaint from a protester in November 2022. Then he ordered the Russian authorities to pay €3.9 thousand to Daniil Pugin, a resident of Yekaterinburg, who was arrested in May 2019 for four days for petty hooliganism (Article 20.1 of the Code of Administrative Offenses).
On January 12, 2023, the ECtHR decided to award payments to 19 participants in the shares, whose conventional rights, according to the court, were violated.
Aleksey Bushmakov noted that all of them were arrested as a result of the protests in 2019, which is probably why the court decided to combine the statements. “Perhaps that is why the ECtHR took decisions on them earlier than others. Over the years, we have filed dozens of complaints with the protesters, and now it is difficult for me to calculate how many people have requested compensation. But a large number of cases are still pending, ”said the defender.
Recall that in October 2020, when the ECtHR began to consider the first complaints of the applicants, Aleksey Bushmakov toldthat a total of 25 complaints were filed with the court. Then the lawyer reported that the European Court saw signs of a violation of Art. 5 (right to freedom of movement), Art. 6 (right to a fair trial) and Art. 11 (freedom of assembly) of the Convention for the Protection of Human Rights.
Mr. Bushmakov hoped that the ECHR would be able to “force the Russian Federation to pay compensation.”
In March 2022, after the start of a special military operation in Ukraine, Russia expelled from the Council of Europe, after which the Russian authorities stopped communication with the ECtHR and the Committee of Ministers of the Council of Europe (CMCE), including on issues of execution of decisions taken by the European Court. In this regard, as of mid-December, the CMCE controlled about 2.2 thousand cases that are awaiting full execution by the Russian authorities. And as of November 8, the total amount of Russia’s debt under the decisions of the ECtHR was €2.02 billion
Aleksey Bushmakov believes that in any case, the protesters who were awarded compensation should submit an application to the Prosecutor General’s Office of the Russian Federation, after which, in the absence of payment, the issue will have to be taken under the control of the Committee of Ministers of Europe. “Perhaps, someday there will come a time when the previous agreements will come into effect again, and compensation will continue to be paid,” the lawyer emphasized.
[ad_2]
Source link
