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Human rights: Navalny case, Strasbourg Court condemns Russia. “European Convention violated”

(Strasbourg) The European Court of Human Rights unanimously ruled in favour of Russian opposition leader Aleksei Navalny, who had appealed to the Court claiming that his arrests, two custodial sentences and the prison sentences he was given between 2012 and 2014 had breached his rights. The Grand Chamber held that there had been violations of Mr Navalnyy’s rights by Russia under Article 5§1, under Article 6§1 (on account of six of the seven sets of administrative proceedings), and under Article 11 of the European Convention. “Two of the arrests had lacked a legitimate aim while the five others had not been necessary in a democratic society”. The Court found that Mr Navalnyy’s complaint that “the arrests had been politically motivated” represented “a fundamental aspect” of the case. Two of the arrests, according to the Grand Chamber, actually “aimed at suppressing political pluralism”. The Strasbourg Court also called on Russia, under Article 46 (binding force and execution of judgements) of the European Convention, to “provide a legal mechanism for the authorities to take due regard of the fundamental importance of the right to peaceful assembly and show the necessary tolerance for unauthorised, peaceful gatherings”. The Court condemned Russia to pay Mr Navalny 50,000 euros in respect of non-pecuniary damage, in addition to compensation for costs and expenses.

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