Published: 17 Oct 2017 | By Harriet Bland
Navalnyye v Russia
Case No. 101/15
Judgment date: 17 October 2017
Political activist Alexei Navalny, and his brother, Oleg Navalny, an entrepreneur, were convicted of fraud and money laundering by a Russian court on 30 December 2014. Alexei received a suspended sentence of three and a half years, while his brother received a prison sentence of the same length, to be served in a correctional colony. They were ordered to pay a fine of RUB 500,000 each, as well as joint damages of RUB 4,498,546.
During their criminal proceedings, the applicants requested the opportunity to hear live evidence from numerous witnesses, including employees of the companies concerned. Their application was refused. After their conviction, they argued that the ‘verbatim’ record of the court hearing was inaccurate. The majority of their corrections were rejected. Despite an appeal, the judgment against them was upheld, save for the fine and order to pay damages.
In January 2015, the brothers applied to the ECtHR, arguing violations of their right to a fair trial (Art. 6 ECHR) and the principle of legal certainty (Art. 7 ECHR), and that their convictions were politically motivated (Art. 18 ECHR).