to concentrate on the political approach. I will analyze the interaction between the Moscow Patriarchate and the European Court of Human Rights (hereinafter “ecthr”) following Russia’s accession to the Statute of the Council of Europe in 1996. 2 In concentrating on the political angle, however, I
Anicée Van Engeland
expectations and demands stemming from their beliefs or their community, the other dictated by courts, such as the European Court of Human Rights (ECtHR), and by domestic law. 3 Women are told both to veil and not to veil, and their access to the public sphere is monitored, if not restricted. As a result
the former or the latter; it is uncommon to build, argue, and decide a case using both. Second, it is a case where the Russian Constitutional Court effectively overruled itself and acted to implement a series of judgments by the European Court of Human Rights on a legal issue affecting almost any
Laurence A. Groen
This note analyzes the functioning of the Russian judiciary on the basis of the European Court of Human Rights’ judgments in the cases of OAO Neftianaia Kompaniia Iukos and three of the company’s former leading executives, Mikhail Borisovich Khodorkovskii, Platon Leonidovich Lebedev and the late Vasilii Aleksanian. The analysis turns to the breaches by the Russian state of Articles 5 (right to liberty and security), 6 (right to a fair trial) and 18 (permissible restrictions to the rights guaranteed) of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, as established by the Court in the aforementioned cases, and the role of the Russian judiciary therein. In light of the fundamental flaws and structural nature characterizing the violations found, the conclusion is reached that the Russian judiciary (still) appears not to be entirely free from undue influence by the other branches of government.
substantial reforms, especially in the criminal justice system. The author examines these reforms as well as the increasing number of cases in which Russia is a respondent before the European Court of Human Rights in Strasbourg. Drawing on interviews, the Court’s statistics and his own experience training
Ilona Bierkens LLM and Caia Vlieks LLM
. The authors would therefore like to thank him for his input during the process of writing aforementioned paper. This article was finalised June 11, 2015. 1 Introduction The European Court of Human Rights 1 uses different methods of interpretation 2 when deciding a case, hence engaging in
Freek van der Vet
This article asserts that Russian nongovernmental organizations (NGOs) contribute to processes of transitional justice in Chechnya through their litigation in front at the European Court of Human Rights (ECtHR). Having delivered more than 200 judgments on atrocities which occurred during the two recent conflicts in Chechnya, the ECtHR has repeatedly ruled that the state should pay financial compensation to the victims. While the Russian Federation has been following through on such payments, human-rights monitors allege that domestic authorities have failed to take active measures to address the atrocities themselves.
Through a qualitative interview study with Russian lawyers and NGO representatives, this article seeks to scrutinize how NGOs have been using the ECtHR’s mechanisms and judgments by way of leverage to initiate processes of transitional justice in post-conflict Chechnya. It appears that the ECtHR is not an end-station for human-rights claims and individual grievances but, rather, the start of a series of further claims. NGOs: (a) engage in political advocacy in implementing the judgments; and (b) create leverage for the criminal prosecution of perpetrators.
The Rise of the Civilizational Argument
Edited by Lauri Mälksoo
Zachary R. Calo
through the law and religion jurisprudence of the us Supreme Court and the European Court of Human Rights, which together offer a window into the shaping of the post-Christian West. This article proceeds by investigating three different areas of law: religion-state relations, individual religious freedom