Opposition politician Alexei Navalny appealed to the Supreme court (SC) petition to review his case on the “Kirovles” on the basis of entered into force on 5 July the European court of human rights (ECHR), writes “Kommersant” with reference to submitted to the Committee of Ministers of the Council of Europe the appeal of the representatives of Alexei Navalny with the request to assist in the revision of his sentence. They emphasize that otherwise the politician will not be able to participate in the presidential elections in 2018.
In a letter to the Committee of Ministers, the lawyers Navalny Olga Mikhailova and Karinna Moskalenko have reported that the opposition leader on 1 August appealed to the armed forces with a request to re-open the matter of “Kirovles” and to overrule the decisions of national courts acquitting him. But, say the defenders, “without pressure from the Committee of Ministers to reopen the case will be a mere formality, and entirely ignore the conclusions of the European court, leaving the sentence unchanged, as it had done in similar political sensitive cases of Mikhail Khodorkovsky and Alexey Pichugin”.
However, he is reminded of the findings of the ECtHR, according to which “the re-opening of the case to ensure the Complainant the position in which he would have been if the Convention requirements had not been ignored, it would be the best form of remedy the situation.
The decision in the case of “Kirovles” of the ECtHR ruled in February 2016. The Strasbourg court disagreed with the appellants that the Russian government is using the court sought not justice, and sought to prevent political activities Bulk. It was pointed out that the Russian courts had to pay attention to the relationship between anti-corruption publications Bulk and the desire of the Investigative Committee to charge him. The court found that during the process had violated the rights of Complainants to a fair trial (article 6 of the European Convention on human rights).
The lawyers also emphasized in the letter that the applicant was convicted to “lose the opportunity to participate in the elections as a candidate, to intimidate him and make him stop his political activities”. However, they point out that the opposition considers crucial the opportunity to participate in the presidential elections in 2018 as a candidate.”
The defenders draw attention to the urgency and fundamental importance of real re-opening of the case by the Supreme court on the merits and a new study of the accusations against him”. The lawyers state that “such consideration can end only an excuse, and is the only legal possibility for the applicant to recover their civil and political rights, taken from them based on the obviously politically motivated verdict”.
The applicants urge the Committee of Ministers to “use all possible options to assist in the execution of the ECHR decision and to consider its case on the deep procedure at the next possible meeting.”
According to the website of the COE, the issue of execution of the decision will be reviewed at the end of September at session of the Committee of Ministers.
According to “Kommersant”, Bulk in October 2013 received a suspended sentence of five years, during which he was denied the right to participate in elections. After this period, the opposition too will not be able to participate in the elections because his criminal record isn’t extinguished. Probation for a previous conviction is repaid after a trial period, which in the case of Navalny is, according to the court, five years. Then the politician will gain a passive law, since the law on elections allows to run having served sentences for serious crimes only ten years after his previous conviction will be extinguished. Thus, the opposition will be able to participate in the elections only in the year 2033.