ECtHR ruling of the week concerns a deportation to Uzbekistan and Russia’s failure to comply with Rule 39 interim measures; ECtHR also announces Navalny poisoning case communicated

Week-ending 5 February 2021

This week the European Court of Human Rights published one judgment with respect to Russia. This case concerned the administrative removal to Uzbekistan of an applicant who was accused of politically and religiously motivated crimes, and raises issues under Articles 3 (prohibition on torture) and 13 (right to an effective remedy) of the Convention. It further concerns the failure of the Russian authorities to comply with the interim measure indicated under Rule 39 of the Rules of Court.

In addition (on 1 February 2021) the European Court of Human Rights published its decision to consider an application filed by Aleksei Navalny over his poisoning.

N.O. v. RUSSIA, 2 February 2021

The respondent State has disregarded the interim measure indicated by the Court under Rule 39 of the Rules of Court and therefore failed to comply with its obligations under Article 34 of the Convention; the Court decides to discontinue the indication made to the Government under Rule 39 of the Rules of Court in respect of the interim measure; the respondent State is to pay the applicant directly or to a person duly authorised by him, within three months, EUR 10,000, plus any tax that may be chargeable, in respect of non-pecuniary damage.

Aleksey Anatolyevich Navalnyy v RUSSIA, published 1 February 2020

In this case, lodged on 21 August 2021 and communicated on 12 January 2021 (a decision published on 1 February 2021), the Court has addressed two questions to the parties: 1) Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention […]? and 2) Has the applicant’s right to life, ensured by Article 2 of the Convention, been violated in the present case?

See also:

RFE/RL, 1 February 2021: The European Court of Human Rights on February 1 announced it has informed Russia that it will consider a complaint filed to the court by the opposition politician Aleksei Navalny. Navalny’s legal team argues Russia violated his right to life under the European Convention on Human Rights by refusing to open a criminal case into his poisoning with a Soviet-era nerve agent last August. The announcement comes a day after Russia witnessed more nationwide rallies demanding Navalny’s release.

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