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- Follow the link: The Supreme Court has put an end to Russia's withdrawal from the ECHR
Follow the link: The Supreme Court has put an end to Russia's withdrawal from the ECHR
The decisions of the Plenum of the Supreme Court will no longer contain references to the European Convention on Human Rights and the practice of the European Court of Human Rights (ECHR). This decision was made on December 9 by the Plenum of the supreme judicial body. At the same time, the general foundations and principles of world law will remain the same, and references to other international treaties will be included in the documents. Experts noted that the ECHR's decisions regarding Russia were politicized and biased, and assured that there would be no further infringement of civil rights in the country.
The Convention was replaced by a pact
The Plenum of the Supreme Court of the Russian Federation adopted a resolution that excluded from its acts the provisions on the European Convention for the Protection of Human Rights and Fundamental Freedoms and on the practice of the European Court of Human Rights (ECHR).
At the same time, the provisions on the application of generally recognized principles and norms of international law in Russia will remain the same, it was noted at a meeting of the Plenum of the Supreme Court of the Russian Federation. The documents of the supreme judicial body are supplemented with references to other acts, in particular, to the International Covenant on Civil and Political Rights of December 16, 1966, ratified by Russia.
The Supreme Court also invalidated its own decision "On the application by courts of general jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and its Protocols." The adopted document also indicates the termination of the Council of Europe Convention on Combating Corruption of January 27, 1999.
Russia withdrew from the Council of Europe on March 16, 2022, and in February 2023, a law was passed on Russia's withdrawal from a number of multilateral and bilateral international treaties, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950. Russia has also withdrawn from the jurisdiction of the European Court of Human Rights.
Following the results of the Plenum meeting, amendments are being made to more than two dozen existing acts of the Supreme Court of the Russian Federation, in particular, to the resolution of the Plenum of the Supreme Court "On the terms of consideration of criminal and civil cases by the courts of the Russian Federation."
So, now, with reference to the International Covenant, this document states that everyone has the right to a fair and public hearing by a competent, independent and impartial court. "At the same time, judicial proceedings in criminal and civil cases should be conducted without undue delay, within a time frame that optimally ensures the right of citizens to judicial protection," the Plenum resolution says.
It notes that every citizen has the right to have a case heard in court within a reasonable time, and the procedure for calculating them does not change.
The requirements for the conditions of detention of prisoners remain the same — they must be compatible with respect for human dignity. The decision recommended that the chairmen of the courts strengthen control over the timing of the consideration of cases, especially in relation to persons in custody, and take measures to eliminate the reasons for delaying the proceedings.
References to the International Covenant have also been added to the resolution of the Plenum of the Supreme Court of the Russian Federation "On the protection of the honor and dignity of citizens and business reputation ...". It states that everyone has the right to freedom of expression, which includes the freedom to seek, receive and disseminate information and ideas regardless of State borders and to do so by any means of their choice.
The resolution notes that the exercise of these rights imposes special duties and responsibilities, as well as a number of restrictions: they must be lawful and necessary to respect the rights and reputation of others and to protect State security, public order, public health or morals.
Courts are separately required to distinguish between statements of facts that can be verified and value judgments expressing an opinion or belief that are not subject to judicial review unless they are offensive.
"Government officials may be criticized in the media regarding the way they perform their duties, as this is necessary to ensure the transparent and responsible exercise of their powers," the resolution of the Plenum of the Armed Forces of the Russian Federation says.
What will the Plenum's decision lead to?
The Supreme Court of the Russian Federation conducts its acts in accordance with federal law, explained Stanislav Matyushov, head of the Public Disputes and Business Protection group at Vegas Lex law firm.
— It will not become more difficult to challenge violations of citizens' rights, in particular, in the field of criminal proceedings, — the lawyer is sure. — The Convention was adopted as a follow-up to the UN regulations applicable to the members of the Council of Europe. And in today's resolution of the Plenum, the Supreme Court of the Russian Federation pointed out that such UN normative acts as the Universal Declaration of Human Rights of 1948 and the International Covenant on Civil and Political Rights of 1966 continue to operate on the territory of the Russian Federation.
Thus, the high guarantees of legal protection provided for by international treaties and agreements will remain in Russia, Stanislav Matyushov said.
Kremlin spokesman Dmitry Peskov noted that "in fact, it (the ECHR) is such a politicized structure that has had nothing to do with human rights for a long time."
And Anatoly Vyborny, deputy chairman of the State Duma Committee on Security and Anti-Corruption, noted that our tax system is being protected now.
"We see that the so—called institutions of the collective West have gone beyond the limits of legal regulation and are guided solely by those political goals that prevail over the legal system of many unfriendly states," he said. — Accordingly, many decisions are politicized. There are no basic principles of justice. The main thing is that the principles of reasonableness and fairness are not respected.
The resolution of the Supreme Court of the Russian Federation, according to the head of the Duma Committee, is quite logical, reasonable and fully consistent with the basic principles of lawmaking, scientific and systematic, and "meets the aspirations of our citizens of our state."
Honorary Lawyer of Russia Valery Vanin also noted that the ECHR in relation to Russia has ceased to be objective and has become politicized.
"The court decision was passed quickly to its protégés, and for ordinary citizens for years or was passed incorrectly," he believes. — The ECHR has ceased to be the mechanism that we had hoped for in the past. The Russian Federation does not prohibit the ECHR from making decisions, they will simply cease to be binding. Russia does this in the interests of its sovereignty, while not infringing on anyone's rights, and this does not prohibit filing individual lawsuits within Russia.
Russia has a well-developed judicial system, which is sometimes criticized unfairly, Valery Vanin noted. He added that logically, citizens should seek protection in our institutions, not abroad.
"Unlike in the United States, where decisions can be made over several years, this process may take only a few months," the lawyer said. — However, in the United States, the desire to challenge a court decision in a foreign instance by a lawyer would not be understood. This is the concept of State sovereignty, and no foreign authority can influence it unless the State itself recognizes the jurisdiction of this court over the sovereignty of the State.
According to him, this is a normal, common practice, in which there is no infringement of civil rights.
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