Unfair prosecution of Alexey Navalny and Petr Ofitserov

Alexey Navalny. Photo copyright of Evgenly Isaev, Creative Commons Licence, Flickr

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

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. The Court found a violation of the right to a fair trial under Article 6 of the Convention, noting that the trial was conducted ‘without judicial examination’ and the judgement of the Russian courts had been prejudicial, establishing ‘a link to public activities’ of Mr Navalny.

Aleksey Navalny, co-applicant and Founder of the Anti-Corruption Foundation, and Nikita Kulachenkov, Investigations, Anti-Corruption Foundation argued that the individual measures taken, i.e., the re-opening of the case that led to the conviction of Mr Navalny, was not effective as the re-trial was simply repeated with the identical violations of fair trial. The Committee was invited to establish that the re-opening of the proceedings as a result of an ECtHR judgment entails the proceedings to be wholly compliant with Convention norms, including fair trial. The briefing note can be found here. The latest action report of the Russian authorities submitted in August 2017 can be found here.