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The European Court of Human Rights (ECtHR) issued a judgment on Tuesday, ruling that Russia violated the right to free elections under Article 3 of Protocol No. 1 of the European Convention on Human Rights (ECHR) by preventing an opposition politician from running in the lower house of the Russian Federal Assembly.
While Russian opposition politician Lev Shlosberg, who represents the social-liberalism Yabloko party, was approved to run in the 2021 State Duma elections, a rival candidate from the Green Party filed a lawsuit with the Moscow City Court to seek his disqualification shortly after his candidacy was confirmed. The lawsuit argued that Shlosberg’s involvement with an organization that supported Alexei Navalny-related protests and his active peaceful support thereof warranted his exclusion.
In response to the lawsuit, the Moscow City Court labeled the organization Shlosberg was involved with as “extremist” and disqualified him from the State Duma elections due to Shlosberg’s association with the organization. At the time of his disqualification, Shlosberg condemned the court’s ruling as “illegal and unjustified, [and] essentially lacking in legal basis.”
In June 2022, Shlosberg consequently filed an application with the ECtHR, contending that his disqualification from the State Duma elections violated the right to free elections as protected by the ECHR. Although Russia is not a party to the ECHR due to its invasion of Ukraine and consequential exclusion from the Council of Europe, the court maintains its authority to address all applications and case files before Russia’s exclusion on September 16, 2022. Currently, 17,450 applications against Russia are pending before the ECtHR and 2,129 decisions have not been fully implemented.
In its judgment, the court unanimously determined that the right to free elections, as outlined in Article 3 of Protocol No. 1 ECHR, had been violated. Additionally, the court reaffirmed that the freedom of peaceful assembly is a fundamental right under Article 11 of the ECHR, as confirmed in a previous ruling earlier this year. The court maintained “[E]xercising the Convention right to peaceful assembly could not constitute a ground for any form of sanction, including disqualification from standing for Parliament.”
Russia has been directed to pay €5,000 (approximately $5,522) for non-pecuniary damages and an additional €7,500 (approximately $8,283) to cover legal costs and expenses.
The post ECtHR rules Russia violated free elections right by disqualifying opposition politician from elections appeared first on JURIST - News.
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While Russian opposition politician Lev Shlosberg, who represents the social-liberalism Yabloko party, was approved to run in the 2021 State Duma elections, a rival candidate from the Green Party filed a lawsuit with the Moscow City Court to seek his disqualification shortly after his candidacy was confirmed. The lawsuit argued that Shlosberg’s involvement with an organization that supported Alexei Navalny-related protests and his active peaceful support thereof warranted his exclusion.
In response to the lawsuit, the Moscow City Court labeled the organization Shlosberg was involved with as “extremist” and disqualified him from the State Duma elections due to Shlosberg’s association with the organization. At the time of his disqualification, Shlosberg condemned the court’s ruling as “illegal and unjustified, [and] essentially lacking in legal basis.”
In June 2022, Shlosberg consequently filed an application with the ECtHR, contending that his disqualification from the State Duma elections violated the right to free elections as protected by the ECHR. Although Russia is not a party to the ECHR due to its invasion of Ukraine and consequential exclusion from the Council of Europe, the court maintains its authority to address all applications and case files before Russia’s exclusion on September 16, 2022. Currently, 17,450 applications against Russia are pending before the ECtHR and 2,129 decisions have not been fully implemented.
In its judgment, the court unanimously determined that the right to free elections, as outlined in Article 3 of Protocol No. 1 ECHR, had been violated. Additionally, the court reaffirmed that the freedom of peaceful assembly is a fundamental right under Article 11 of the ECHR, as confirmed in a previous ruling earlier this year. The court maintained “[E]xercising the Convention right to peaceful assembly could not constitute a ground for any form of sanction, including disqualification from standing for Parliament.”
Russia has been directed to pay €5,000 (approximately $5,522) for non-pecuniary damages and an additional €7,500 (approximately $8,283) to cover legal costs and expenses.
The post ECtHR rules Russia violated free elections right by disqualifying opposition politician from elections appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.