Open letter from Memorial Human Rights Centre to Chair of Russian Constitutional Court

2 April 2013 


Source: HRO.org (info)
On 2 April 2013, the Memorial Human Rights Centre sent an open letter to the Chair of the Russian Constitutional Court, V. D. Zorkin. In response to the speech by Valery Zorkin, chair of the Constitutional Court, at the Eighth All-Russian Congress of Judges, in which he discussed the issue of the implementation of judgments of the European Court of Human Rights, Memorial Human Rights Centre has declared that it supports the principles set out by Valery Zorkin of the primacy of human rights, of the need to enforce ECtHR rulings, and of a search for improvements in this area. In addition, as an organisation representing claimants in over 200 applications to the ECtHR, Memorial is willing to take part in consultations on the issue.

Full text of the letter:

To Valery Dmitrievich Zorkin, Chair of the Constitutional Court of the Russian Federation
From Aleksandr Vladimirovich Cherkasov, Chair of the Memorial Human Rights Centre


Dear Valery Dmitrievich,

The Memorial Human Rights Centre has noted the speech you made on 18 December 2012 at the Eighth All-Russia Congress of Judges, in which you discussed, amongst other issues, the implementation of judgments of the European Court of Human Rights (ECtHR). The Memorial Human Rights Centre represents the interests of claimants in over 200 applications filed with the ECtHR. In March 2013 the ECtHR made 70 rulings on applications lodged by the Memorial Human Rights Centre, in which it was found that at least one article of the Convention for the Protection of Human Rights and Fundamental Freedoms had been violated. The Memorial Human Rights Centre monitors the implementation of the Court's judgments, petitions the Russian authorities, and makes recommendations to the Committee of Ministers of the Council of Europe. In addition, the Memorial Human Rights Centre keeps track of how measures of a general nature under other ECtHR judgments concerning systemic violations of human rights in Russia are being carried out.

The Memorial Human Rights Centre supports your policy announcements on the primacy of human rights, the need to implement ECtHR rulings and to seek a mechanism that would improve the way they are being enforced. This is essential, given that the Committee of Ministers is currently considering over 150 cases (sets of cases) relating to Russia in which ECtHR rulings have not been fully implemented.

We also welcome your suggestions for wide public debate on the implementation of ECtHR judgments, and on whether the Constitutional Court should act as a moderator in such discussions and, in part, provide a forum for these debates. Participation by Russian NGOs that represent applicants to the ECtHR and endeavour to have the Court’s rulings implemented would be a critical factor in the success of such an undertaking. It is these NGOs that have the most expertise in this area and are able to make a meaningful contribution to discussions.

The Memorial Human Rights Centre is ready to take part in consultations on the implementation of of ECtHR rulings, organized in such a forum. Lawyers from the Memorial Human Rights Centre could formulate both concrete proposals aimed at improving the implementation of ECtHR judgments as a whole, and recommendations to ensure the implementation of specific ECtHR judgments. 

More information about our work on filing cases with the ECtHR and monitoring how the Court's judgments are being implemented can be found on the website of the Memorial Human Rights Centre’s programme, "Human Rights Protection through International Mechanisms", or they can be obtained by contacting the Memorial Human Rights Centre.

Yours sincerely,

Aleksandr Cherkasov,
Chair of the Memorial Human Rights Centre
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