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1276th Meeting of the Committee of Ministers (1 Feb 2017)
EUDEL statement on the recent decision of the Russian Constitutional Court to disregard
a judgment of the European Court of Human Rights
The EU deeply regrets the decision of the Russian Constitutional Court of 19 January that found the judgment of the European Court of Human Rights on just satisfaction of 31 July 2014 in the case of Yukos v. the Russian Federation "non-executable".
This decision of the Constitutional Court to declare the European Court of Human Rights' judgment non-executable is highly regrettable and goes against Russia's obligations under the European Convention on Human Rights.
The EU recalls that the Committee of Ministers of the Council of Europe has consistently held that the payment of just satisfaction as awarded by the European Court of Human Rights is an unconditional obligation of the Contracting Parties.
Any attempt by a Contracting Party to pick and choose which rulings of the Court it will implement seriously undermines the unique human rights protection system established by the European Convention on Human Rights.
The EU strongly urges Russia to adhere to its obligation under Article 46(1) of the European Convention on Human Rights, which requires states to “abide by the final judgment of the Court in any case to which they are parties”.
We call upon Russia to continue its dialogue with the Council of Europe on the matter in order to avoid open conflict between the Convention and national constitutional principles. We look forward to proposals in this regard.