Russian Constitutional Court decides not to implement the ECHR ruling

The constitutional Court of Russia refused the ruling issued by the ECHR on the case Anchugov and Gladkov vs. Russia
Russian Constitutional Court decides not to implement the ECHR ruling
19 April 13:15 2016 Print This Article

Russia’s Constitutional Court for the firs time refused the ruling issued by the European Court of Human Rights (ECHR) in Strasbourg on the appeal related to the case Anchugov and Gladkov vs. Russia. The Court said that the ECHR ruling violates Russian’s Constitution by demanding to grand recognition of the right of prisoners to vote in election, which is prohibited constitutionally.

On Tuesday, the Constitutional Court of Russia has found the decision of the Strasbourg Court related to the case Anchugov and Gladkov vs. Russia in breach of the Russian Constitution, and thus impossible to be fulfilled.

According to the Constitutional Court, it is the Russian Constitution that prohibits convicted felons from voting in prison and the ECHR is not entitled to demand changes of the Russia’s basic law.

“Russia with the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms [and recognition of the ECHR jurisdiction] didn’t consent to amend its Constitution,” the Court’s decision reads.

In 2013, the ECHR reviewed the case Anchugov and Gladkov vs Russia and ruled that the unconditional prohibition of a prisoner’s right to vote violates the European Convention on Human Rights. The Strasbourg Court has demanded Russia to remove these violations.

The Ministry of Justice sent an appeal to the Constitutional Court asking if the decision is in compliance with the basic law of Russia. This right was given to Russian authorities with a law introduced back in July 2015, however this was the first case when it applied.

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