Alexei Navalny and People vs. President Putin’s Russian Federation: Russian Rights Violations of Opposition

By: Konrad Starostka

Even though it is a new year Russia has had the same President, and it is unlikely when – if ever – President Vladimir Putin will leave office.[1] However, there is one outspoken opposer to President Putin and the Kremlin: Alexei Navalny.[2] Navalny ran against President Putin before in 2018 on the platform of anti-corruption, continues to oppose President Putin, and has gained a strong following.[3]

In August, Navalny survived an assassination attempt by Putin’s secret police where they attempted to poison Navalny.[4] A Russian agent gave Navalny “Novichok,” a lethal nerve agent, in his underpants to be absorbed through Navalny’s skin.[5] A chemical weapons watchdog confirmed that the poison was in fact Novichok, which is known to be used by the Russian government against political dissidents.[6] Because of this attack, Navalny had to spend five months in a coma in Germany.[7]

After Navalny recovered, he returned to Moscow to symbolically defy President Putin.[8] Before landing though, the plane was rerouted to a different airport.[9] Immediately upon Navalny’s arrival he was arrested for violating a suspended prison sentence, which Navalny claims is false.[10] Prosecutors called for Navalny to be in prison for thirty days, until February 15, and for Navalny’s bogus sentence to be fulfilled, leaving Navalny in prison until 2024.[11] Serious questions of due process rise based on Navalny’s treatment, especially because Navalny was not allowed to have his lawyer accompany him.[12] Navalny’s denial of due process comes as no surprise since “Russian courts are subordinate to the political authorities, and access to due process is not guaranteed, particularly for those who oppose or are perceived as threatening to authorities.”[13] Yet, this does not excuse Russia’s deliberate indifference to the rule of law.

However, Navalny’s return is not in vain. Navalny’s team, not yet silenced, released a video “alleging Putin owns a secret billion-dollar estate and mansion.”[14] The European Parliament passed a resolution “calling on the European Union to ‘immediately’ stop completion of the Nord Stream 2 pipeline to take Russian natural gas to Germany.”[15] Finally, the most significant impact is that Pro-Navalny protestors emerged nationwide in response to the erroneous arrest of Navalny, estimating that “over 100,000 people took to the streets in over 100 cities across Russia.”[16] Over 3,700 people were detained by police, which were accompanied with reports of “excessive use of force by police, including beating.”[17]

Multiple sources of law protect peaceful protests, and Russia disregards all of them to continue its tsar-like rule. First, Russia is a signatory to the European Convention on Human Rights (“The Convention”).[18] Article 11 of the ECHR states that: “Everyone has the right to freedom of peaceful assembly.”[19] The unprompted arrest and prosecution of protestors clearly violates The Convention as “the freedom to take part in a peaceful assembly is of such importance that a person cannot be subject to sanction, even a minor one, for participation in a demonstration that has been prohibited.”[20] Second, Russia is a signatory to the International Covenant on Civil and Political Rights (ICCPR).[21] Article 21 of the ICCPR recognizes the “right of peaceful assembly.”[22] Following the same reasoning as for The Convention, Russia’s illegitimate arrests are a direct violation of the ICCPR. Lastly, Russia’s own Constitution protects the right to protest, it states: “Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, meetings, and demonstrations, marches and pickets.”[23]

Unsurprisingly, Navalny has brought suit against Russia in the European Court of Human Rights (ECHR) before.[24] Navalny brought suit alleging that “his arrest at public events on seven occasions violated his right to freedom of peaceful assembly and right to liberty.”[25] The arrests spanned from March 5, 2012 to February 24, 2014.[26] The ECHR held, among other things, that Russia did violate Navalny’s rights under The Convention and was ordered to pay damages as a result.[27] Based on the events, the court stated that it finds “beyond a reasonable doubt that the restrictions imposed . . . pursued an ulterior purpose . . . namely to suppress that political pluralism which forms part of ‘effective political democracy’ governed by the ‘rule of law.’”[28] Despite this, Navalny is in a worse position than before, and Russia and President Putin continue to elude the consequences of suppressing opposition.

What is more concerning for the attorneys surrounding the arrests at the protests is the repercussions that they could face for defending the protestors. One example is Mikhail Benyash, a lawyer, who was detained because of a social media post “urging colleagues to organize legal aid for potential detainees.”[29] Another lawyer that faced consequences is Mansur Gilmanov, who “told police he wanted to file a complaint that they were interfering with his client’s right to legal representation” when an officer “ran up to him, knocked him to the floor, kicked him several times, and shouted obscenities.”[30] Unfortunately, interference with lawyers’ work is nothing new in Russia.[31]

Russia’s outright defiance of due process and civil liberties contravenes with multiple sources of law, including its own. The citizens see this, and the Kremlin’s corruption and abuse of power. Navalny acts as a rallying flag as more protests are planned.[32] President Putin, unsuccessful in silencing Navalny, is now left with growing discomfort among citizens while the rest of the world watches.

Picture Credit: Amnesty International

#FreeNavalny #Russia #Starostka #International #Law #BlogPost

[1] Doug Stanglin, Russian President Vladimir Putin’s bid to stay in office until 2036 quickly based by lawmakers, USA Today (Mar. 11, 2020), https://www.usatoday.com/story/news/world/2020/03/11/vladimir-putin-duma-oks-law-allow-him-stay-power-until-2036/5019423002/.

[2] Alex Ward, Alexei Navlany, the Russian opposition leader threatening Putin’s rule, explained, Vox (Jan. 29, 2021), https://www.vox.com/22254292/alexei-navalny-russia-protests-vladimir-putin-palace-video.

[3] Navalny’s Campaign 2018 How it was, Navalny.com, https://2018.navalny.com/en/ (last accessed Jan. 30, 2021).

[4] Dorothy Wickenden, How Alexey Navalny Survived an Assassination Attempt and Reignited Protests in Russia, The New Yorker (Jan. 28, 2021), https://www.newyorker.com/podcast/political-scene/how-alexey-navalny-survived-an-assassination-attempt-and-reignited-protests-in-russia.

[5] Tim Lister, Clarissa Ward, and Sebastian Shulka, Russian opposition leader Alexey Navalny dupes spy into revealing how he was poisoned, CNN (Dec. 21, 2020), https://www.cnn.com/2020/12/21/europe/russia-navalny-poisoning-underpants-ward/index.html.

[6] Alex Ward, 5 Months after being positioned, top Putin critic Alexei Navalny detained upon Moscow return, Vox (Jan. 17, 2021), https://www.vox.com/2021/1/17/22235971/alexei-navalny-russia-detained-moscow-putin.

[7] Id.

[8] Matthew Bodner, Alexei Navalny’s last stand: Why Putin’s leading opponent made a defiant return to Russia, NBC News (Jan. 21, 2021), https://www.nbcnews.com/news/world/alexei-navalny-s-last-stand-why-putin-s-leading-opponent-n1255113.

[9] Vladislav Davidzon, Navalny is All-in on Brining Down Putinism, Foreign Policy (Jan. 22, 2021), https://foreignpolicy.com/2021/01/22/navalny-bring-down-putin-russia-opposition/.

[10] Patrick Smith and Matthew Bodar, Russian Opposition leader Alexei Navalny detained for 30 days, NBC News (Jan. 18, 2021), https://www.nbcnews.com/news/world/russian-opposition-leader-alexei-navalny-faced-court-hearing-police-station-n1254569.

[11] Id.

[12] Alex Ward, 5 Months after being positioned, top Putin critic Alexei Navalny detained upon Moscow return, Vox (Jan. 17, 2021), https://www.vox.com/2021/1/17/22235971/alexei-navalny-russia-detained-moscow-putin.

[13] Freedom House, Russia, https://www.justice.gov/eoir/page/file/1028706/download (last accessed Jan. 30, 2021).

[14] Alex Ward, Alexei Navlany, the Russian opposition leader threatening Putin’s rule, explained, Vox (Jan. 29, 2021), https://www.vox.com/22254292/alexei-navalny-russia-protests-vladimir-putin-palace-video.; Putin’s palace. History of world’s largest bribe, YouTube (Jan. 19, 2021), https://www.youtube.com/watch?v=ipAnwilMncI.

[15] RadioFreeEurope/RadioLiberty, EU Lawmakers Demand Halt To Nord Stream 2 Over Navalny Arrest (Jan. 21, 2021), https://www.rferl.org/a/eu-parliament-set-to-demand-halt-to-nord-stream-2-over-navalny-arrest/31060914.html.

[16] Human Rights Watch, Russia: Police Detain Thousands in Pro-Navalny Protests (Jan 25. 2021), https://www.hrw.org/news/2021/01/25/russia-police-detain-thousands-pro-navalny-protests.

[17] Id.

[18] Council of Europe, Chart of signatories and ratifications of Treaty 005 (last updated Jan. 30, 2021), https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/005/signatures?p_auth=4Xcqv3zC.

[19] European Convention on Human Rights art. 11, Sept 3. 1953, 213 U.N.T.S. 221.

[20] Human Rights Watch, Russia: Police Detain Thousands in Pro-Navalny Protests (Jan 25. 2021), https://www.hrw.org/news/2021/01/25/russia-police-detain-thousands-pro-navalny-protests.

[21] United Nations Treaty Collection, Status of Treaties (last updated Jan. 30, 2021) https://treaties.un.org/Pages/ViewDetails.aspx?chapter=4&clang=_en&mtdsg_no=IV-4&src=IND.

[22] International Covenant on Civil and Political Rights Art. 21, Dec. 19, 1966, 999 U.N.T.S. 171.

[23] The Constitution of the Russian Federation Dec. 12, 1993, art. 31.

[24] Navalny v. Russia (No. 29580/12), 390 Eur. Ct. H.R. 3 (2018).

[25] Id.

[26] Id. at 1.

[27] Id. at 1-12.

[28] Id. at 175.

[29] Human Rights Watch, Russia: Police Detain Thousands in Pro-Navalny Protests (Jan 25. 2021), https://www.hrw.org/news/2021/01/25/russia-police-detain-thousands-pro-navalny-protests.

[30] Damelya Aitkhozhina, Detained and Prosecuted for Defending Protestors in Russia, Human Rights Watch (Jan. 30, 2021), https://www.hrw.org/news/2021/01/30/detained-and-prosecuted-defending-protesters-russia.

[31] Id.

[32] Thomas Grove and Georgi Kantchez, Navalny Protests Threaten to Snowball as Grievances Grow in Russia, The Wall Street Journal (Jan. 26, 2021), https://www.wsj.com/articles/navalny-protests-threaten-to-snowball-as-grievances-grow-in-russia-11611667251.