The European Court as a human rights instrument
In the ten years of Russia's participation in the Convention on Human Rights, the European Court has received over 46,000 complaints from Russian citizens, which accounts for 20 per cent of all complaints received during this period.
This figure, as stated at the international conference 'Ten Years of the Russian Federation’s Participation in the European Convention on Human Rights,' held on 15 May 2008 in Moscow, is proportional to Russia's share of the population in Europe.
The Strasbourg Court has fined Russia 4.3 million euros; this is the specific amount of compensation the Russian Federation is obliged to pay for material and moral damage caused as a result of violations of the rights of Russian citizens.
In 2007, Russia lost 140 cases out of 192, with 175 of these concerning violations of the European Convention on Human Rights. Consequently, the country ranked fourth in terms of the total amount of compensation paid, following Turkey, Greece, and Romania. In the period from January to April 2008, 65 judgements had already been delivered, notes *Izbrannoye*.
Previously, speaking at a meeting of the Interdepartmental Commission on Council of Europe Affairs, the Commissioner for Human Rights, Vladimir Lukin, noted that Russian citizens increasingly encounter obstacles when attempting to appeal to the European Court, and that the execution of its decisions is in a poor state.
Meanwhile, a document was presented at the Council of Europe according to which Russia is obliged to pay compensation to a citizen in the event of delays in the consideration of cases and delays in the delivery of a court decision. The bill was supposed to be submitted to the State Duma in December 2007, but its fate remains unknown to this day, writes *Newsru*.
On average, the Strasbourg Court accepts about 2.5 per cent of filed complaints for consideration. The rest are either rejected for various reasons or transferred for consideration to the national justice systems of the Council of Europe member states. In particular, 9,497 complaints were received from Russia last year.
The number of complaints being filed to Strasbourg from all European states is constantly growing, but the machinery of the European Court works slowly. As of 31 December 2007, 79,427 cases had accumulated there that were still awaiting acceptance for consideration or rejection. More than a quarter of them—20,296—originate from Russia.
Russians mainly complain about law enforcement agencies: unlawful arrests, torture, inhumane conditions in prisons, delays in investigations and court proceedings, and the biased attitude of the judiciary and 'security services' towards representatives of national minorities. By law, the Russian authorities have three months to appeal a decision and another three months to implement it.
Regarding the cases lost at the European Court of Human Rights in Strasbourg, Russia always pays the required compensation but never executes other court decisions. This is reported by the German newspaper *Frankfurter Rundschau*.
For instance, Russia never holds identified perpetrators accountable. Human rights organisations are concerned, first and foremost, that plaintiffs and witnesses who dare to file a complaint in Strasbourg are subjected to massive pressure, particularly in the North Caucasus.
'Some plaintiffs have disappeared or were forced to flee,' says Jane Buchanan of the human rights organisation Human Rights Watch. And there is no protection programme for ECHR plaintiffs or witnesses.
'Complaints to the European Court in Strasbourg are today the most important instrument of Russian human rights policy,' says lawyer Bill Bowring. The British lawyer has been working closely with *Memorial* for several years now. The organisation EHRAC, where he works, trains young Russian provincial lawyers on how to pursue complaints.
'At present, the Strasbourg Court is better known in Russia than in Europe,' says Bowring. Russia is blocking reform of the Strasbourg Court, which could accelerate court proceedings.