Lists
Lists
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.
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).
 |
View Item |