A new bill introduced in the Russian State Duma implies that the rulings of the European Court of Human Rights made since 16 March 2022 will not be enforceable in Russia. The bill was written by a group of MPs led by Pavel Krasheninnikov of the United Russia party.
“Having unilaterally initiated a procedure for terminating membership on the basis of alleged non-compliance with the values of the Council of Europe against the Russian Federation, the corresponding community of countries cannot demand that Russia comply with the law of the Council of Europe,” the explanatory note says.
It is noted, however, that the Russian General Prosecutor’s Office may provide monetary compensation to the Russian citizens ruled out by the ECHR prior to 16 March up until 1 January 2023.
“The Convention ceases to operate in relation to acts of the Russian authorities committed from 16 September 2022, and by virtue of its Article 46, all decisions of the ECHR are and will remain obligatory for the Russian Federation, even if they are made after 16 September. The Russian federal law cannot cancel these obligations,” says Kirill Koroteev of Agora, a Russian human rights group.
He also added that the Russian authorities had already refused to pay out compensations ordered by earlier ECHR rulings.
The Council of Europe Committee of Ministers decided to deprive Russia of their membership on 16 March. On 15 March, the Parliamentary Assembly unanimously adopted an Opinion which considered that the Russian Federation can no longer be a member State of the Organisation.
“The expulsion of the Russian Federation from the Council of Europe was made inevitable by the atrocity of the crimes committed in Ukraine. Not only has Russia illegally and unjustifiably invaded another Member State, but it has continued its aggression in open violation of human rights and the rules of international humanitarian law”, declared Italian Minister of Foreign Affairs and International Cooperation Luigi Di Maio, while addressing the Parliamentary Assembly of the Council of Europe.
The ECHR also noted that Russia would formally exit the European Convention on Human Rights on 16 September 2022.