At the protests each year detain thousands of Russians, many of them later tried and sentenced to fines and arrests. Russia to seek compensation for the violation of his right to peaceful Assembly almost impossible, but it can be done in the European court of human rights. For unlawful detention at a protest you can get an average 10 thousand euros. How to do it, explain the staff of the human rights centre “memorial”.
After the arrest, insisting that he participated in a peaceful protest. Or refuse to testify
Before submitting the complaint to the ECHR you have to overcome three levels in Russia. Immediately after arrest you are the police Department (this is the first level). Then you will be tried in district court (the second level). Then you will submit the appeal to the court of their region, for example in the Moscow city court (the third level).
At the police station you have two options:
If you need time to think, to refuse testimony. Then in the form for explanations which will be given to the police station and you need to write: “From explanations refused on the basis of article 51 of the Constitution.”
If you have already decided to complain to the ECHR, it is necessary to write: “I took part in peaceful public action. Guilty of an offence don’t recognize myself. The detention is illegal”.
In any case please note at the time of detention and release of the report on detention. If it isn’t real, call it out. Don’t forget to cross out the unfilled part of the Protocol that someone did not finish something for you.
The police give for signing a ready-made Protocol. To get them to alter it is unreal, so just write where is the place his version of events in the space for explanations. Be sure to collect a copy of the Protocol.
Ask the lawyers to help with legal proceedings. If you face arrest, do not go to court
From the police the matter will be referred to the court, which will decide what punishment you assign. In fact, the “rallies” to cope on their own, but better still contact one of the human rights organizations. Lawyers of “OVD-info”, “Apology of protest”, the “Open Russia”, “Russia sitting” will help you with the trial and then to prepare a complaint to the ECHR. They work for free.
HOW DOES THE “OVD-INFO”
A little advocacy machine-bike Project “OVD-info” is already 8 years helping detainees at the meetings. How does it work?
If you made the report under article involving the arrest as a punishment, the court is wiser not to go. In this case, you will be able to impose only a fine. Instead of himself at the meeting need to send someone by giving notarized power of attorney (sample here). The presence of a representative it is important for complaints to the ECHR.
If you are accused under the article, assuming only a fine, can come to court themselves — alone or with counsel. Attorney in this case, the issue is not required — enough motions for admission of counsel.
If you are being taken to court directly from the police station, choose to go to court or not — will be gone. In such a situation, a trial to prepare for yourself the person will be difficult. In the first place makes sense to rely on the defence provided by human rights organizations (the same “OVD-info”) or his counsel (like a lawyer or a friend).
If the defender is not, and you feel insecure, write failure according to the 51st article — it’s very simple. If you were sentenced to arrest, important to this moment of you already know defenders: then they will help with the appeal and further proceedings.
Be prepared that the court you lose. But for the ECtHR it is important to declare all the necessary motions and appeal
For trial you should prepare and sign an explanation. This is the story with your version of what happened at the protest (you can use the template prepared by “OVD-info”). Don’t write that you came by: the result in a Russian court it will not affect, but in future the ECHR may be bad. If you’re just passing by, then your right to freedom of Assembly and freedom of expression was not violated.
In the court is necessary to state the following petition (for the links — samples):
participation in the hearing of the prosecution
on the calling of prosecution witnesses, i.e. police officers who detained you
on the questioning of defence witnesses (if any)
about admission Affairs photo and video of your arrest (if any)
Usually, the motions denied, and that the violation of the right to a fair trial. This, too, should write to the ECHR.
Regardless of the effort most likely you are still found guilty. After that within 10 days of receipt of the decision of the court must file an appeal.
In the complaint it is necessary to repeat their explanations and legal position, and also indicate all the violations committed by the trial court. You can use the template. The court need to reiterate petition that was denied in the first instance. The complaint is unlikely to satisfy, but to come to court is it safe to assign the arrest instead of a fine can not.
Prepare and submit the complaint to the ECHR
The ECHR can complain about the violation of the following rights guaranteed by the European Convention for the protection of human rights:
the right to freedom of expression (article 10)
the right to peaceful Assembly (article 11)
the right to liberty and security of person (article 5)
the right to a fair trial (article 6)
the right to prohibition of inhuman and degrading treatment (article 3)
The complaint is filed within six months after the decision of the court of second instance or if you complain about the contents in poor conditions — six months after being released.
Training complaints are best left to the lawyer. It may cost several hundred thousand rubles, but defenders do it for free. You can contact the human rights center “memorial”, in the “OVD-info”, in a different human rights organization. Self-treatment in the ECHR for free.
If done correctly, the court will register a complaint and you will receive a letter with the number. This number on the court’s website, you can track the progress of the case. If there are errors, there will come a refusal of registration. In this case you need to file a complaint again. The main thing — time for six months.
In Strasbourg not necessary to go, but need time to answer letters from the court (if they are)
Proceedings before the ECHR — written. You don’t need to go to Strasbourg only to respond promptly to letters from the court.
From 1 January 2019 the ECHR introduced the so-called undisputed compulsory stage of the proceedings. Now he may first invite the applicant and the government to conclude the agreement. If the government and the applicant agree about the terms of the agreement, after its signing of the judgment is not made. This allows the applicant to receive faster payment (but can be difficult to review decisions of the Russian courts in the case, if that’s important to you).
If to negotiate peace failed, then there is a discussion of the complaint: the ECHR asks the Russian government and the applicant about the issues in the case. The first responsibility of the government, then you, then again the government.
As a rule, the government says he does not see any violations and are not in accordance with the requirements of the applicant. After these conversations, you are waiting for the decision.
In the recent “rallies” business is increasingly seen under the simplified procedure: the court asks the parties questions, and invites the government to recognize the violation of the Convention and awarded the applicants compensation. However, the Russian government did not agree. But the simplified procedure at least saves you from having to answer the court’s questions.
Wait until you get a verdict from five to 25 thousand euros. It may take a few years
How much time will pass before the decision is unknown. Registration usually takes three to four months, a decision to wait three years and ten years. If the ECHR will be on your side, the Russian authorities will have to pay you compensation. You can also request a review of decisions of the Russian courts.
Compensation for cases of detention at the rally, ranging from five to 25 thousand euros. In the normal case is detained, brought to the police station, made the report, was released, and then the court fined the compensation is on average 10 thousand euros. If ordered the arrest of likely court will grant more.
Compensation the Russian Federation always pays (with the exception of the Yukos case), but the solution is rarely revises. Unfortunately, the ECHR has no direct means of influencing government execution of judgments of the court relies on the good will of States.
The code of administrative offences does not expressly provide for the possibility of a retrial after the decision of the ECHR, but in force the decision of the Russian court can be appealed within indefinitely long period of time. That is, after the decision of the ECHR (and also after the settlement agreement or unilateral Declaration of the state) can make a complaint and see what happens.
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