The repression of the political opposition in Russia's courtrooms : the Russian judiciary and the European Court Human Rights: a case study

Abstract

Since the dissolution of the Soviet Union, Russia has made some significant steps in the implementation of the three pillars of the Council of Europe (joined by Russia in 1996). However, Russian opposition politicians seem to be systematically targeted with fabricated criminal charges and administrative harassments aimed at silencing their critics and at discouraging the public in large from engaging in opposition politics. The present research analyses the (mal)functioning of the judiciary in Russia on the basis of the European Court of Human Rights’ judgments in the cases Nemtsov v. Russia, Navalny and Yashin v. Russia and Navalny and Ofitserov v. Russia. In the light of the systematic nature of the procedural flaws detected by the Court in the proceedings brought against Boris Nemtsov, Alexei Navalny and Ilya Yashin, all prominent Russian opposition leaders and vocal Kremlin critics, the conclusion is reached that pressure and interferences continue to permeate the Russian justice system and hinder the establishment of an independent judiciary – the prerequisite for implementing the rule of law and building a truly healthy and stable democracy