"There is no hope." The ECHR recognized the law on foreign agents violating human rights, but Russia is unlikely to pay the awarded compensation

This week, the European Court of Human Rights (ECHR) made a decision on the case of 73 Russian NPOs recognized by foreign agents, “Eco -Protection” and others against Russia. ” According to it, the authorities are obliged to pay applicants a total of 10 thousand euros - only 1.1 million euros (the remains are designed to repay legal costs). NPOs do not believe that they will receive compensation he had awarded. The decision of the ECHR was made too late and after the release of Russia from the Council of Europe is unlikely to be fulfilled in the near future.

At the building of the Supreme Court of the Russian Federation, in which there is a consideration of the requirements of the Prosecutor General’s Office on the liquidation of the “memorial” photo: Mikhail Grebenshchikov / RBC / TASS

The first collective complaint in the ECHR from 11 NGOs was filed back in February 2013, when the law on foreign agents in Russia was already in force, but has not yet been applied. Then non -profit organizations turned to the ECHR, because they could potentially be recognized in Russia in agents. Four years later, the ECHR united the complaints of 73 Russian organizations and 10 of their leaders in the same thing “ Eco -Protection” by the non -profit organization is included in the register of NPOs that perform the functions of a foreign agent and others against Russia . " The decision on this was made after another five years - on June 14, 2022.

The ECHR found that the law on foreign agents violates Article 11 of the Convention on the Protection of Human Rights and Fundamental Freedoms (the right to association), and also recognized the use of the concept of “foreign” itself as unfounded. In addition, the ECHR decided that the fines appointed within the framework of this law are unreasonably high.

According to the law, until September 16, 2022, despite the exit from the Council of Europe, Russia is obliged to execute the decision of the ECHR, but the presidential spokesman Dmitry Peskov said that he would not be done.

“There can be no comment here, after our well -known document, which was signed by the president, the Russian Federation does not fulfill these decisions,” Peskov said.

On June 11, Vladimir Putin signed federal laws on failure to fulfill the decisions of the ECHR, which entered into force after March 15, 2022, when Russia decided to leave the Council of Europe. According to the decisions adopted before this date, Russia will continue payments - only in rubles and on accounts in Russian banks. In addition, according to Putin’s signed by Putin, the resolution of the ECHR cannot be considered the basis for revising the decisions made by Russian courts.

NPOs, recognized by foreign agents, are afraid that in response to this decision of the European Court, the Russian authorities will not only not pay organizations awarded compensation, but also tighten the law on foreign agents. “And they will do this, among other things, to show that the state does not give a damn about the opinion of the European community,” says Irina Protasova, chairman of the human and law human rights organization.

She explained that the “man and the law” filed a complaint with the ECHR in 2015.

“The restrictions for NPO-foreign agents went on an increase in the growing every year. We hoped that the ECHR would consider the complaint quite quickly, because it concerns not only a wide range of people, but also human rights in Russia. But this did not happen. And when Russia announced the withdrawal from the Council of Europe, the ECHR seemed to be not scared, and he made such a decree, ”says Protasov.

The director of another NPO, who applied to the ECHR, is also afraid of the information and analytical center “OVA”, Alexander Verkhovsky that the decision of the ECHR can be ignored by Russia.

“Compensation will clearly not be paid to us. The legislation becomes, on the one hand, more blurry, and on the other, it introduces new restrictions for foreign agents ”

At the same time, Verkhovsky believes that once Russia will be able to completely abandon the law on foreign agents. “If Russia takes up the mind and realizes that the law on foreign agents is basically vicious, then it is never too late to abandon it,” he added.

The founder of “Team 29” Ivan Pavlov is included in the register of foreign media that perform the functions of a foreign agent , also recognized in Russia by the ino -agent, called the decision of the ECHR expected, but untimely - for consideration of the complaint it took nine years. During this time, some NPOs recognized by foreign agents were eliminated, while others suspended their activities. Also, the ECHR did not consider the case under Article 10 of the Convention, Article 14 and Article 18 .

“Now the question arises on the agenda: whether to appeal such a decision to the Great House of the ECHR or seek its execution. The Russian authorities adopted the law on non -fulfillment of court decisions that entered into force after March 15. However, Russia has an international obligation to fulfill any decision of the ECHR, regardless of internal legislation, ”Pavlov said.

“We are waiting for an interesting and fascinating process of execution of the decision of the ECHR. In the fact that it will once be fulfilled, I have no doubt "

Despite the untimely decision of the ECHR, for many Russian NPOs it brings moral satisfaction, says the head of legal practice for the freedoms of the Public Verdict Foundation , the non -profit organization is included in the register of NPOs that perform the functions of a foreign agent Elena Pershakova.

“There is certainly a risk of non -fulfillment of court decisions, but still I think this is a matter of time. The decision was made according to the events that took place when the jurisdiction of the court extended to Russia. Moreover, this jurisdiction is now in action - until September 16, 2022, ”the representative of the fund explains.

She believes that, despite the fact that now Russia has taken the position of non -fulfillment of obligations that has taken upon itself by ratifying the Convention on the Protection of Human Rights, it will not always be. “There are and will be decisions against Russia,” the lawyer concluded.