Lawyer with the Committee Against Torture comments the statement of the Deputy Minister of Justice of Russia


13 November 2018
Olga Sadovskaya, photo: Mikhail Solunin

Head of the Department of International Legal Defense of the Committee Against Torture Olga Sadovskaya comments the statement of the Representative of the Russian Federation at the European Court of Human Rights Mikhail Galperin that Russia is among the best in the Council of Europe in the part of execution of the ECHR rulings:

It looks like Mr Galperin is not aware that the payment of compensation does not end the execution of the ECHR ruling, but often only starts it. Indeed, apart from two cases, the compensations are being paid in full volume, and in the majority of cases, on time. Although, there were delays at the end of the budget year.

But I suspect that the Deputy of the Ministry of Justice is still aware that the execution of the ECHR rulings includes three components, where individual measures and measures of general nature are added to compensation.

I presume that if measures of general nature were executed, than the flow of standard complaints to Court against torture, unfair court rulings, unfair court proceedings, etc., would diminish from year to year, as the problem would be being resolved in a system-based way.

Alas, it is not the case: compared to 2016, the percentage of complaints against Russia has increased in the ECHR from 9.8% to 13.8%.

There are also measures of individual nature, which are even easier to fulfill, if there is a will. But it is not the case. Torture cases after the ECHR rulings are not initiated, the investigations are not conducted.

And what are we having? We are having a repeated complaint to the ECHR with regard to failure to execute the first ruling in the case. And the number of such cases is increasing steadily. For example, in the case of Lyapin nothing prevented from completing the investigation and bringing the guilty party to responsibility after the ECHR ruling.

But something went wrong.

As usual”.

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