Training: Implementation of ECtHR Judgments in Russia

Last week, EIN held a three-day online training session on Implementing Judgments of the European Court of Human Rights in Russia. These sessions aimed to equip NGOs and lawyers with practical knowledge and insight into engaging with the CM judgment execution process when advocating for the full and effective implementation of ECtHR judgments.

The training took place over three sessions. The first session aimed to provide civil society organizations with an overview of NGO engagement in the ECtHR implementation process, focusing on NGO submissions. The second session addressed ECtHR implementation in Russia from the perspective of opportunities and challenges experienced by Russian NGOs working on the subject - including a session dedicated to violations of the right to freedom of expression. Finally, the third session focused on a practical application of the training material in selected cases, with parallel breakout rooms to enable participants to discuss how to approach particular cases on interest.

The first session provided an overview of NGO engagement in the ECtHR implementation process through several presentations by civil society organisations. Anna Maralyan, Deputy Director for Program and Development at the Centre de la Protection Internationale, gave the first presentation on her experience and perspective in engaging in the implementation process. Next, Adela Katchaounova, Legal Defense Programme Director at the Bulgarian Helsinki Committee, presented on how NGOs can get involved in the ECtHR implementation process. Finally, EIN Director George Stafford concluded the session with a presentation on infringement proceedings. 

Professor Philip Leach, Professor of Human Rights Law, Director of the European Human Rights Advocacy Centre, School of Law, Middlesex University, introduced the second session on civil society experiences and challenges with the ECtHR implementation process in Russia. The first presentation of the day was by Barbora Bukovska, Senior Director for Law and Policy, Article 19, on the State of play and NGO involvement in Freedom of Expression cases in Russia. Next, Grigor Avetisyan, Implementation Director at Stichting Justice Initiative, Kirill Koroteev, Head of international practice at Agora International Human Rights Group, and Denis Shedov, OVD-Info Lawyer, all shared their organisations’ experiences and lessons-learnt. The training session concluded with a roundtable discussion involving speakers and participants.

During the final training session, Musa Khasanov and Ekaterina Malareva, lawyers at the Department for the Execution of Judgments (DEJ), set out key aspects for NGO submissions. The session then focused on a practical approach to selected cases through breakout rooms, enabling participants to discuss how to approach cases of particular interest. The selected cases were the Roman Zakharov v. Russia case, which concerns shortcomings in the legal framework governing interception of mobile telephone communications; the Mikheyev v. Russia group of cases, which concern deaths, torture or inhuman and degrading treatment while in police custody and the lack of effective investigations into these incidents; and the Pirogov case (allocated to the Chemodurov group), which concerns the criminal conviction of a journalist following public criticism a politician.

The training involved lively discussions about the opportunities and challenges of work on the implementation of ECtHR judgments in Russia. It concluded with a desire expressed by participants to continue joint work on this topic - with ongoing support from EIN.

EIN's 5th Anniversary

EIN has been advocating for the full and timely implementation of ECtHR judgments since 2016, when the constitutive General Assembly took place with the adoption of the EIN Statute. Over the last five years, we have grown and expanded throughout Europe, providing more training, advocacy support, and resources relating to implementation. You can read more on our work over the last five years below. 

2016 - 2017

The first meeting of the Network took place in Istanbul on 11-12 April 2016. It was attended by 30 human rights lawyers from 23 litigating NGOs in 14 Council of Europe countries. Participants discussed their efforts on implementation at the national level and with Strasbourg-based institutions. These discussions would later develop EIN’s future strategy’s and pave the way for fundraising.

In 2017 we registered as a not-for-profit association in Strasbourg. We also received our first grant from the Oak Foundation and Open Society Foundations (more on our funders here). In 2017, our network grew to 21 members, almost tripling in size, and the first member of staff was appointed.

2018

At the start of 2018, we were able to open the EIN Secretariat office in the building of the International Institute for Human Rights (René Cassin Foundation,) in Strasbourg. In February EIN carried out its inaugural training on the implementation process, in Warsaw - as well as two further training events in Strasbourg.

In July EIN published its Handbook on the Implementation of Jugdments of the European Court of Human Rights - the only guide to the ECtHR implementation process for NGOs, lawyers, activists and human rights victims. In 2018 we had another increase in our network, with a further ten members joining.

2019

At the start of 2019, EIN began its programme of notifying organisations across Europe of relevant developments in the implementation process. Along with capacity building and resource-creation, this has helped faciltate a steady rise in the level of civil society participation in the implementation process of European Court of Human Rights judgments.

EIN carried out two training events in Zagreb, as well as capacity building in Turkey, Strasbourg and Warsaw.

At the end of 2019, the network counted 34 members and 4 partners from 24 European countries. The EIN Board adopted a new membership policy, which introduced a new “official partners” category, and sought to ensure that the network remain a manageable size.

2020

In early 2020, EIN published online mapping of the level of ECtHR judgment implementation across Council of Europe states, highlighting the extent of the implementation issue. We also published a Guide to Domestic Advocacy for the Implementation of ECtHR Judgments, along with further resources on making written submissions to the Council of Europe. Trainings were held in Yerevan, and then continued online for North Macedonia, Russia, Georgia, and NHRIs from across Europe.

At the end of 2020, the network had a total of 38 members and 10 partners from 25 European countries - including many of the most significant national human rights organisations across the continent. More information on our members and partners can be found here. 

2021

EIN looks to the future, with six training events planned for the year, a project to promote the EU’s role in the implementation of ECtHR judgments, and an expanding level of support for implementation work across Council of Europe states.

Some of our key achievements since 2016:

• We organised 27 civil society briefings to Permanent Representations of the Council of Europe’s Committee of Ministers before quarterly judgment execution meetings.

• Our work helped to almost triple the annual number of civil society submissions to the implementation monitoring process, as well as improve the timing and quality of submissions. 

• We carried out ECtHR implementation training for almost 400 participants from 28 countries.

• We raised awareness of the ECtHR implementation problem, through resources, publications, and events. In early 2021 the Council of Europe made the implementation of judgments of the European Court of Human Rights its top priority in its strategy for 2021-2024.

New Project: Combatting violence against women and domestic violence by supporting the implementation of judgments of the European Court of Human Rights

Violence against women and domestic violence (VAW/DV) constitute grave violations of human rights and are a form of discrimination. In June 2020, the UN warned of a "shadow pandemic" alongside COVID-19: a global rise in domestic violence. Increased levels of domestic violence have already been recorded in many European states.

Recent events have also highlighted the power of groups who oppose positive reforms on this issue: in particular, President Erdoğan’s announcement that Turkey would be withdrawing from Europe’s leading treaty on VAW/DV, the Istanbul Convention.

The implementation of judgments of the European Court of Human Rights have an invaluable role to play to highlighting ongoing problems with VAW/DV - and in promoting much-needed change.

Judgments of the Strasbourg Court identify widespread and systemic failures of authorities in states to combat and prevent VAW/DV. These findings are made by an international institution that has a high level of authority. They also initiate an implementation procedure which requires the state to carry out necessary reforms. For example, in Lithuania fundamental reforms were made to the police and prosecution services, after a librarian who had been attacked by her partner won a case at the European Court of Human Rights.

At the time of writing, there are ECtHR judgments pending implementation on this topic concerning Croatia, Hungary, Italy, Moldova, Romania, Russia, Turkey and Ukraine. These states have a total population of over 375 million, meaning that reforms in them have the capacity to prevent or diminish the violence experienced by tens or hundreds of thousands of victims.

However, reforms are only ensured if the Council of Europe’s judgment implementation process functions effectively. There is always a risk that the ECtHR judgment implementation monitoring process can be closed, without effective reforms having taken place. For example, the government of Moldova requested that monitoring of the country’s leading case on violence against women should be closed - although local rights groups believed that effective reforms were yet to take place. A Moldovan NGO, the Women’s Law Centre, helped avoid premature closure of the implementation process by providing vital information to the Council of Europe, showing how the problem persisted and that further reforms were required. Following this, the Council of Europe’s Committee of Ministers kept the implementation monitoring process open, and requested information to show progress on the key issues raised by the WLC.

This demonstrates how important it is that local organisations specialising in violence against women are able to contribute to the ECtHR implementation monitoring process. However, the process is often hard to engage with for organisations that have no experience of it.

With the generous support of the Government of Luxembourg, EIN is starting a new project to open up the ECtHR implementation monitoring process to organisations that know the most about VAW/DV at the natinal level - the specialist organisations doing daily work to protect victims. EIN will aim to provide comprehensive support to local NGOs that specialise in this area, to ensure that they can effectively contribute to the ECtHR implementation monitoring system, in every country where there is an ECtHR judgment concerning domestic violence pending implementation.

The activities for this project will include:

• Engaging specialist organisations who are not currently familiar with the monitoring process in countries where there are cases pending implementation.

• Providing bespoke advice, resources, and support in liaising with the Council of Europe, and assistance with drafting written submissions.

• Organising an online event to share lessons-learnt and best practices across organisations from different states.

• Delivering briefings on cases concerning violence against women to delegates of the Committee of Ministers.

We thank Luxembourg’s Ministry of Foreign and European Affairs for their support, without which we would not be able to make this project happen.