Published: 1 Dec 2005
EHRAC Bulletin Winter 2005
Issue 4 of the EHRAC Bulletin is now available online. Please click the link bellow to read the full issue.
In this edition of the Memorial-EHRAC Bulletin, we consider a number of important and developing aspects of the case law of the European Court of Human Rights: the position of children (Natasha Kravchuk); the Court’s treatment of the phenomenon of ‘disappearances’ (Marthe Lot Vermeulen); the right of return of internally-displaced persons (Anke Stock) and the notion of a ‘victim’ under the European Convention (Catharina Harby). There are also summaries of recent reports on Russia by the Council of Europe Commissioner for Human Rights and the Parliamentary Assembly of the Council of Europe.
Damelya Aitkhozhina analyses the Strasbourg Court’s recent far-reaching judgment in the environmental case, Fadeyeva v Russia, which was handled by lawyers at EHRAC and Memorial. This is a judgment, which, like the decisions in the Chechen cases from February 2005, raises important questions about the implementation of European Court decisions within Russia. The Council of Europe’s Committee of Ministers first considered the implementation of the Chechen decisions in October 2005, and the Russian Government is due to respond with an ‘action plan’, setting out what consequential measures should be taken.
EHRAC and Memorial made submissions to the Committee of Ministers on behalf of the applicants in the Chechen cases which argue that such steps should include the re-opening of the investigations into the incidents, the prosecution of those responsible and a review of relevant domestic laws, such as the military rules of engagement. It is to be hoped that civil society organisations within Russia will be consulted and will have the opportunity to engage with state bodies in considering the steps required to be taken as a consequence of any European Court judgment relating to Russia.