Ilya Remeslo, the lawyer, RIA Novosti
on Thursday, the European court of human rights upheld seven complaints of Alexei Navalny in detention, fines and administrative arrests during the rallies of 2011-2012, and awarded compensation in excess of 63 thousand euros. As considered by the ECHR, Russia Navalny had violated the rights to freedom of peaceful Assembly and a fair trial.
as far As reasonably and impartially the decision of the ECHR?
the ECtHR considered that the detention of Navalny was arbitrary and violated the provisions of articles 11 (guarantee of freedom of Assembly and Association) and 5 (guarantee of the right to liberty and security) of the European Convention for the protection of human rights and fundamental freedoms.
the Court, in particular, held that “in all seven cases, the authorities’ reaction to the events was disproportionate: taking decision on the termination Assembly and the arrest of their members, the authorities did not take into account of their peaceful nature and didn’t appreciate the need for their dispersal”.
“Peaceful protesters”
Let us recall the chronology of events preceding the “peace riots” on Bolotnaya square.
March 5, 2012, the day after the election rally of opposition on Pushkin. Upon completion of the action of the protesters decided to break the mode of the event and stay, including Sergei Udaltsov, Ilya Yashin and Alexei Navalny, who settled in the fountain, surrounded by several rings of supporters. The square began to gather the force of law.
the police offered protesters to disperse, but to persuade Udaltsov and Navalny and their supporters to leave the area and failed. As a result, the police began to arrest, gradually moving to the fountain.
Next Bulk before the may 6 rally that turned into riots on Bolotnaya square, said: “I don’t see any sense in negotiations with the mayor’s office.” Despite this, the government agreed to the March and rally.
the Rally took place, but as it turned out, the only goal of the organizers was a riot. Navalny himself at about 17:15 announced on the bridge in front of the police cordon “sit-in” that caused the deadlock and the calls go to break a police cordon.
they Started attacking the police, injuring 75 law enforcement officers, four were hospitalized.
After that Navalny left the bridge and after some time was detained, but not arrested.
Participants in the opposition rally on Bolotnaya square in Moscow. 2013
as a result, the next day continued “festivities” — which are, in fact, uncoordinated actions, which shouted anti-government slogans and calls to “go to the Kremlin.” Navalny took in them active part, but was detained.
Finally, the patience of the authorities is exhausted, and the instigator of the riots of may 9 to 15 days of arrest.
the government has the right to defend themselves
the ECHR indignantly points out that the detention and arrest Navalny had “a discouraging effect on him and other participants of the protest rallies, keeping them from participating in opposition politics.”
the Question is, what’s wrong with keeping a provocateur from the organization of mass riots, to prevent many victims?
How had to respond to the government on such “celebrations” after the massacre provoked by the Bulk? To award the medal and wait for a repetition of the events on the Maidan?
recall that for organizing riots on Bolotnaya was sentenced Udaltsov and a lot of direct participants, but not the Bulk. He escaped with only “slight shock” in the form of several detentions and administrative arrests.
the ECHR is an instrument of struggle against Russia
And these actions of the Russian authorities, the ECtHR considers “violations of the Convention.” A separate issue is the compensation. The usual amount awarded by the ECHR in such cases does not exceed 5 000 euros, and the Bulk was awarded to over 63,000.
European court of human rights (ECHR) in Strasbourg
In the end, all complaints Navalny was considered the ECHR as a priority, but has not considered the complaint Udaltsova and other participants in the riots at the Swamp. Navalny, who resents the speed of consideration of his case in Kirov court, for some reason, has no objection to the same speedy consideration to the ECHR, when it is to his advantage.
All this testifies that the ECHR is not an impartial judicial body, when it comes to Navalny and his ilk “the opposition”.
Instead of the last means of restoring the rights of the ECHR is becoming a tool for political games, directly supports and encourages unrest in Russia.
And this is not the first case of interference of the ECHR in the internal Affairs of Russia. Last year the ECHR awarded the Bulk of the budget of the Russian Federation compensation for the spent money on lawyers in the “case of Kirovec” — about 3.5 million rubles.
Representatives of Russia actively objected to satisfaction of requirements of the Bulk, rightly pointing out that the claim for compensation of costs incurred in Bulk national court must be considered by the national court. Otherwise it “would be tantamount to the abolition of the sentence of the national court” (para 139 of the judgment).
However, Russia’s arguments were ignored, and the Ministry of justice complied with the ECHR decision, not even trying to challenge it in the constitutional court (Russia is entitled not to execute the decisions of the ECHR, if they are contrary to the fundamental laws of Russia). No one even bothered to check where the Bulk of the unemployed were 3.5 million on legal fees.
whether the Russian authorities continue to carry out the decisions of the ECHR, which undermines the foundations of the constitutional system of the Russian Federation? Why Russian taxpayers should pay for the activities of persons who undermine the security of Russia?
Russia will become a fully sovereign state, when the power in making decisions will begin to proceed from the national interests, and will not look back on what I say in the ECHR or other international bodies.
most of the States of modern Europe are based on the principle of the rule of national law, and Russia also has the right not to be “banana Republic”. And this right corresponds with a provision of the Constitution, according to which the source of power in Russia is the people, about the ECHR in the Constitution does not say anything.
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