MOSCOW, February 16. /TASS/: Russia will not be able to release blogger Alexey Navalny, convicted over the Yves Rocher case under the so-called interim measures on the EU’s demand, because this would be a flagrant intervention in operation of judicial system of a sovereign state, Russian Ministry of Justice told TASS Tuesday.
"Adopting a decision based on Rule 39 of European Court of Human Rights’ Rules of Court in this case will be an ungrounded and flagrant intervention in the operation of a judicial system of a sovereign state, a certain crossing of a red line. Such decision cannot be executed from the standpoint of the international law," the Ministry said.
Earlier, a source close to the Council of Europe told TASS that the council may demand the release of Navalny through the ECHR, based on the decision on interim measures in accordance with the Rule 39 of the Rules of Court.
The Ministry explained that, in accordance with the principle of subsidiarity, the ECHR cannot replace national court, cancel or change its rulings, adding that all member states of the Council of Europe recognize this.
"Second, interim measures are not mentioned in the Convention on Human Rights; they are rather being implemented under the good will of member states. Its implementation is not supervised by the Ministerial Council of the Council of Europe, unlike the ‘routine’ ECHR rulings," the Ministry added. "Third, a release of a convict from penitentiary facilities clearly would clearly contradict the legal nature of the interim measures, aimed at ensuring normal process of case review in the ECHR."
The Ministry currently engages in correspondence with the ECHR in regards to the application filed by the convict’s lawyers.
"The Court has detailed information that the claimant is provided with necessary security and proper detention conditions. Nobody requested any explanations and clarifications in this regard," the Ministry said, adding that it is unaware of reactions of the claimants and the European Court to this information.
