The exhaustion of domestic remedies in Russia : the ECtHR's approach to Art. 125 of the Code of Criminal Procedure

Gavron, Jessica (2011) The exhaustion of domestic remedies in Russia : the ECtHR's approach to Art. 125 of the Code of Criminal Procedure. EHRAC bulletin (16). pp. 4-5.

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Abstract

This article considers the requirement to exhaust domestic remedies in Russia. One of the hoops through which an applicant is required to jump to bring a case before the ECtHR is the exhaustion of domestic remedies, pursuant to Art. 35(1) of the ECHR. The rationale behind this rule is to give the national authorities the opportunity to rectify alleged violations of the Convention, and it is based on the assumption that, as reflected in Art. 13, the state will provide an effective remedy. However the rule is not, nor could it be, absolute. It is not capable of being applied automatically, and the Court has recognised that it requires a degree of flexibility in approach, given the context of protecting human rights. Applicants are only required to exhaust domestic remedies that are available and which are effective. In assessing whether a remedy meets these criteria, regard will be had to the particular circumstances of the case, the legal and political context and the personal circumstances of the applicant. It is this margin that can lead to uncertainty among practitioners about the Court’s approach to a particular remedy, as seen recently with Art. 125 of the Russian Code of Criminal Procedure (CCP).

Item Type: Article
Uncontrolled Keywords: EHRAC bulletin; human rights violations; European Court of Human Rights; ECtHR; European Convention on Human Rights; ECHR; Russia; Russian Code of Criminal Procedure; CCP
Subjects: 300 Social sciences > 320 Political science
300 Social sciences > 340 Law
Department: Guildhall School of Business and Law
Depositing User: Mary Burslem
Date Deposited: 30 Apr 2015 10:23
Last Modified: 30 Apr 2015 10:23
URI: http://repository.londonmet.ac.uk/id/eprint/573

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