• Judicial protection  European Court of Human Rights

Russia’s Constitutional Court (CC) has ruled.that in Russia the decisions of the Strasbourg Court "must be executed with due regard to the supremacy of the Constitution." What this is about is, in effect, how not to execute certain decisions of the European Court of Human Rights in Russia.

The Constitutional Court has determined that Russia's participation in an international treaty does not mean surrendering State sovereignty. "The European Convention on Human Rights and Fundamental Freedoms, as well as the legal positions of the European Court of Human Rights that are based on it, may not take precedence over the Constitution," says the ruling, announced by Judge Sergei Mavrin.

"The decisions of the European Court of Human Rights may only be executed with due regard to the supremacy of the Russian Constitution," noted CC judge Mr. Mavrin.

He said that the Human Rights Convention forms part of Russia's legal system, but that "Russia may deviate from the obligations imposed on it when such a deviation is the only way to avoid a violation of the Basic Law".

"It is the national authorities who should deal with the matter of applying national legislation," said the CC judge.

Nevertheless, "Russia remains under the jurisdiction of the Strasbourg court and will not opt out of executing its decisions," said Russia's Constitutional Court.

As RAPSI reports, Russia's CC ruled in its 14 July 2015 session on whether Russia should execute all decisions made by the European Court of Human Rights. According to representatives of the Russian authorities, the Russian Federation "is under no obligation to blindly follow the rulings of the European Court of Human Rights, especially where they are contrary to the Constitution ".

"By signing the Human Rights Convention, Russia has accepted the jurisdiction of the European Court of Human Rights," noted the CC. "Everyone is entitled to appeal to the international courts to defend their rights, and Russia is prepared to implement the international treaties that it has ratified," says the ruling by Russia's Constitutional Court.

Translated by Lindsay Munford