Improper proceedings against the oil company Yukos

Improper proceedings against the oil company Yukos

OAO Neftyanaya Kompaniya Yukos v Russian Federation (Appl. No. 14902/04)

Briefed on: 24 November 2017

The case concerns violations concerning tax and enforcement proceedings brought against the applicant oil company, leading to its liquidation in 2007.

  • Memorandum of Piers Gardner, legal representative of Yukos
  • Case summary by the Council of Europe's Department for the Execution of Judgments

 

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Improper dismissal of a judge

Improper dismissal of a judge

Kudeshkina v Russian Federation (Appl. No. 29492/05)

Briefed on: 5 September 2017

In this case, the ECtHR found that the applicant’s dismissal from the judiciary in 2004 to be in violation of Article 10 of the Convention as the penalty imposed on the applicant (i.e. early termination of office at the respective court as well as abrogation of the judge’s rank) for her comments critical of the Russian judiciary was disproportionately severe and capable of having a “chilling effect on judges who wish to participate in the public debate on the effectiveness of judicial institutions.”

  • Intervention by Karinna Moskalenko, legal representative of the applicant and Director of International Protection Centre
  • Judgment of the European Court of Human Rights

 

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Unfair prosecution of Alexey Navalny and Petr Ofitserov

Unfair prosecution of Alexey Navalny and Petr Ofitserov

Navalnyy and Ofitserov v Russian Federation (Appl. No. 46632/13)

Briefed on: 5 September 2017

The case concerned a complaint of arbitrary and unfair criminal proceedings that led to a conviction for embezzlement of property belonging to a Russian state company Kirovles by a prominent opposition politician and anti-corruption activist Alexey Navalny and a businessman Petr Ofitserov.

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Conditions of detention in Russian remand centres

Conditions of detention in Russian remand centres

Ananyev and Others group and Kalashnikov group v Russian Federation (Appl. Nos. 42525/07, 47095/99)

Briefed on: 24 May 2017

In these cases, the Court found that poor detention conditions in Russian remand centres and lack of effective remedies to challenge it amounted to violations of Articles 3 and 13 of the Convention respectively. The Court highlighted this as a structural problem in the Russian Federation by applying a pilot judgment procedure in the case of Ananyev and Others. 

  • Case summary by the Council of Europe's Department for the Execution of Judgments
  • Action plan by the Russian authorities
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Violation of the right to education for 170 children

Violation of the right to education for 170 children

Catan and Others v Moldova and Russia (Appl. Nos. 43370/04, 8252/05 and 18454/06)

Briefed on: 20 February 2017

The case concerns the violation of the right to education of 170 children or their parents from Latin-script schools located in the Transdniestrian region of the Republic of Moldova. Pursuant to the “Moldavian Republic of Transdniestria” “law” on languages, they had suffered from the forced closure of these schools between August 2002 and July 2004, as well as from measures of harassment, which the ECtHR found in violation of Article 2 of Protocol No. 1 by the Russian Federation. 

  • Memo by Alexandru Postica, Human Rights Programme Director, PROMO-LEX, Moldova
  • Judgment of the European Court of Human Rights
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Enforced disappearance in Chechnya

Israilova and Others v Russia (Appl. No. 4571/04)

Briefed on: 29 November 2016

The case concerns enforced disappearance of the applicant's son and is being reviewed by the Committee of Ministers as a part of the Khashiyev and Akayeva group. The Court found violations of Article 2 (right to life), Article 3 (prohibition of inhuman or degrading treatment), Article 5 (right to liberty and security), and Article 13 (effective remedy) in respect to a violation of Article 2 of the Convention.

  • Decision of the Committee of Ministers, December 2016
  • Judgment of the European Court of Human Rights
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Banning of LGBTI protests

Banning of LGBTI protests

Alekseyev v Russia (Appl. Nos. 4916/07, 25924/08, 14599/09)

Briefed on: 28 November 2016

The Alekseyev v. Russia cases address repeated bans on demonstrations promoting tolerance and respect for the human rights of LGBTI persons, and the absence of an effective remedy to challenge those bans. The European Court of Human Rights found violations of Convention Articles 11 (right to freedom of assembly), 13 (right to an effective remedy), and 14 (prohibition of discrimination) taken in conjunction with Article 11. 

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Aerial bombardment, extra-judicial killings and torture in Chechnya

Khashiyev v Russia (Lead: app. No. 57942/00), Abakarova and Others v. Russia (App. 16664/07)

Briefed on: 24 May 2016

This group of more than 200 cases arises predominantly out of the 1999-2006 Chechen conflict and includes cases of aerial bombardment, extra-judicial killings, enforced disappearances, and torture. In 2015, the Court rendered the third judgment concerning the bombing of the Katyr-Yurt village. Echoing the findings of Isayeva v. Russia (2005) and Abuyeva and others v. Russia (2010), the Court found in the Abakarova case that Russia violated article 2 (right to life) and article 13 (right to an effective remedy) by failing to investigate the Katyr-Yurt bombing and provide redress for victims. The Abakarova judgment became final on 14 March 2016.

Speaker: Kirill Korotev, legal director, Memorial Human Rights Centr

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