The Kirovles case: the Strasbourg Court finally and irrevocably justified Navalny and Officer

Alexey Navalny

The European Court of Human Rights (ECHR) in Strasbourg refused to send Russia's appeal to the Kirovles case to the Great House of ECHR. This decision is final and irrevocable.

Thus, the decision made by the Strasbourg court on February 23, 2016 comes into force. Then the ECHR decided that during the consideration by the Russian justice of the Kirovles case, both Alexei Navalny and Pyotr Officer’s rights were violated to a fair trial, and the 7th article of the European Convention, guaranteeing the application of punishment exclusively on the basis of the law. According to European judges, in an effort to pronounce the conviction, the Russian authorities have significantly went beyond the usual interpretation of the norms of legislation.

The petition for the transfer of the case “Navalny and officers against the Russian Federation” for consideration by the Grand Chamber of the ECHR, the Russian authorities, according to the press service of the Ministry of Justice of the Russian Federation, were sent on May 20. In it, as indicated in the report of the Ministry of Justice, which is quoted by Interfax, the conclusions of the ECHR chamber “essentially complaints of the applicants about violation of their right to fair trial, as well as the decision on the issue of awarding“ fair compensation ”were challenged. As a result, the Strasbourg court did not agree with the arguments of the Russian authorities - the petition was rejected.

“Now the decision of the European Court has entered into legal force, and Russia is obliged to fulfill it,” Olga Mikhailova, lawyer Alexei Navalny, told NT. She explained that the chairman of the Supreme Court (Supreme Arbitration Court) of the Russian Federation must submit an idea to the Presidium of the Armed Forces of the Russian Federation. There, according to Mikhailova, "within two weeks they are obliged to consider this submission and decide on the cancellation or change of court decisions in this case."

The decision of the ECHR, emphasized the lawyer, contains unequivocal conclusions that the verdict of the officer and Navalny must be canceled, and the convicts themselves are justified. Also in the resolution, according to Mikhailova, it is written that Navalny and officers will be able to demand compensation from the Russian state.

The execution of the decision of the ECHR, the lawyer recalled, is monitored by the Committee of the Ministers of the Council of Europe (KMSU), of which Russia is also a member.

"Now the decision of the European Court has entered into legal force and Russia is obliged to fulfill it"

Recall that in February the ECHR came to the conclusion that Navalny and Officer were convicted of acts that were not distinguishable from legal entrepreneurial activity, and decided to award them at € 8 thousand as compensation for non -pecuniary damage. The court also ruled that Russia should compensate for the lawsuits of Navalny in the amount of € 48,053, and the officer for € 22,893.

In 2013, the former adviser to the Governor of the Kirov region, Alexei Navalny, was sentenced to 5, and the ex-head of the enterprise, Peter Officers to 4 years old, was sent to 5 years. In October 2015, the Nikulinsky court of Moscow satisfied the lawsuit by KOGUP Kirovles against Navalny and Officer and decided to pay them 16 million rubles in favor of this organization.

Photo: Gennady Gulyaev/Kommersant