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Sebastian Rimestad

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

Grigory Vaypan

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.

Kahn

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.

Russia and European Human-Rights Law

The Rise of the Civilizational Argument

Series:

Edited by Lauri Mälksoo

In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.

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