The Committee of Ministers of the Council of Europe (CMCE) expressed concern that the review of the case of Ofitserov and Navalny in the national court following the decision of the ECHR did not substantially correct the violation of the applicants' rights by the Strasbourg Court. This is stated in the resolution on the results of the quarterly session on supervising the implementation of the judgments of the ECHR, which ended on December 7.
In February 2016, the ECtHR granted the complaint of Navalny and Ofitserov, who received in 2013 a suspended sentence and a fine of 500,000 rubles. each for stealing timber from FSUE "Kirovles" for 16 million rubles. In November 2016, the Presidium of the Supreme Court, with reference to the ECHR decision, quashed the verdict and sent the case for fresh consideration. However, as early as February 2017, the Lenin court of Kirov almost completely reproduced the verdict in the Kirovles case. After the repeated verdict, the defense of Navalny appealed to the CMCE with a request to study the case of "Kirovles", and a complaint to the repeated verdict in the "Kirovles" case was again sent to the ECHR. At the end of September, the CMCE at its meeting stated that Russia had not fully implemented the ECHR decision in the case of Navalny and Officers v. Russia. The Justice Ministry accused the Committee of Ministers of trying to "unfairly use the Convention machinery and working bodies of the Council of Europe to exert political pressure on the Russian authorities in the upcoming electoral period." (Those convicted of grave crimes can not be nominated for election within 10 years after the removal or repayment of conviction, and the refusal to review the verdict closes Navalny the road to the election.)
Nevertheless, the CMCE is insisting that the new trial did not fix and did not provide tangible remedies in some other way from previously established violations. In particular, they point out there, the issue of compensation for damage remained unresolved.
Obviously, we are talking about a fine of 50,000 rubles, to which Navalny sentenced the Leninsky Court, says the lawyer of the politician, Olga Mikhailova. Initially, the fine was included in the general compensation awarded to the ECHR (56,000 euros - Vedomosti), but the Russian authorities asked to exclude this amount from the court decision, promising to pay damages when reviewing the case. At their request, Strasbourg took an additional decision specifying the amount of compensation. However, the Leninsky District Court, reviewing the case, confirmed the previously assigned fine.
In November last year, the Ministry of Justice, on the decision of the ECHR, transferred 3.4 million rubles to Navalny. - this is about 50 000 in terms of euro. The CMCE draws the attention of the Russian authorities to the fact that, in accordance with Russian legislation, the applicants have the opportunity to continue defending their rights, including the cancellation of the suspended sentence. The CMCE urged the Russian authorities to inform him about the development of the situation.