What has just happened?
Alexei Navalny is an opposition politician and anti-corruption campaigner in Russia, who was arrested on returning to Russia following treatment in Germany after being poisoned. Navalny has been sentenced to serve two years and eight months prison term as a result of his suspended sentence for a fraud conviction being made custodial.(1)
What does this mean?
First of all, it is important to get an idea of what exactly Navalny has been charged and convicted for. In 2014 Navalny and his brother were found guilty of fraudulently spending public funds. (2) While his brother received a custodial sentence, at the time Navalny had his sentence suspended with his freedom allowed under certain conditions. This became a crucial point to understand the events as they are now unfolding.
One of the conditions was that Navalny must attend regular probationary meetings. However, following his poisoning and subsequent relocation to Germany for treatment Navalny missed appointments in August 2020 January 2021. (3) As a result of these missed probationary meetings, the Russian courts have held that Navalny was in breach of the terms established by his suspended sentence. This is an important point to note as there have been no new charges brought to Navalny. The conviction now is wholly reliant upon the 2014 trial which has been widely criticised.
Notably, the European Court of Human Rights commented that the trial had been ‘arbitrary and manifestly unreasonable’ (4) as well being ‘extensively and unforeseeably construed to [the defendants] detriment’. (5) Furthermore, alongside the question marks that surrounded the initial conviction his sentencing this year has also aroused condemnation as to its legality and motivation. For example, the ECHR ruled to inform the Government of Russia that the court feels that Navalny should be released with immediate effect. This ruling tied to the belief that Navalny’s safety cannot be guaranteed while imprisoned. (6)
Nonetheless, while the Russian government has been accused of pursuing a conspiracy against Navalny, as a result of his anti-corruption campaigning, it has been able to rely upon its role in pursuing no more than the Russian rule of law. The accusation of complicity in Navalny’s poisoning has been dismissed out of hand. Furthermore, Navalny has been portrayed as a criminal and potential agent provocateur with the claims of corruption in the Russian state and its alleged criminality a deflection from Navalny’s own corruption and criminality. (7) To give weight to these claims the Russian state can rely upon the fact that Navalny has indeed been convicted in a Russian court on fraud and embezzlement charges.
Furthermore, Navalny did indeed miss his probation meeting between August 2020 and January 2021. In these terms there is no doubt as to Navalny’s guilt, taken in isolation as stated facts there is little to argue against. By taking this position the state has presented its side as being the side of the rule of law and the international condemnation as being unreasonable attempts to interfere with the due processes of a sovereign state.(8)
Taking the compelling evidence of the involvement of the Russian state in the attempt to assassinate Navalny and the condemnation of the fraud conviction, it is not unreasonable for the current sentencing to be under intense scrutiny. There is evidence that the state has taken extreme measures to silence an outspoken critic. Taken alongside the continued suppression of protests that have sprung up in the aftermath of Navalny’s arrest there is a comprehensive outline of how an authoritarian regime seeks to eliminate the presence of effective opposition.
The developing situation in Russia has illuminated the narratives that state authorities use and how these can be challenged.
Vladimir Putin has been the head of the Russian state for almost two decades. This position of Putin’s authority and power is portrayed in a way that it is granted by overwhelming popularity that endorses his strong man approach to politics and the opposition. However, Navalny’s anti-corruption campaigning has challenged this. The overwhelming popularity said to be a smokescreen behind which complicit Putin allies rig the system in his favour. The protests demonstrate an important and concrete counter to the Putin narrative. They show that there is indeed an opposition in Russia that will have to be engaged with. However, that may be, the important factors raised are the need to seek accountability of those in power.
What does this mean for the legal sector?
Concerning the legal sector, Navalny’s case raises many avenues for investigation. Of particular importance are considerations over rights of asylum and the wider concern of human rights. Concerning asylum, it has been pointed out that Navalny’s right to seek political asylum is covered by the UN’s articles concerning the rights of refugees, chiefly whether the applicant can demonstrate a well-founded fear of persecution. (12) Considering the events of Navalny’s poisoning and his convictions for fraud there appears to be clear ground for Navalny to seek asylum. As he is now within the Russian prison system this appears to be a very unlikely scenario in his case.
However, as the situation is, there are going to be others that can find themselves in Navalny’s position and it is here also that law firms should be aware of. Furthermore, as the UN has declared the events surrounding Navalny’s conviction in 2014 and consequent custodial sentence have shown that there are critical fears that the right to a fair trial is undermined in Russia. (13) By undermining this vital human right there are worries for the rule of law within Russia. Yet this also has wider implications away from Russia’s borders as the actions of the Russian state have demonstrated the boldness with which a regime can act when it feels there will be no significant repercussions. This boldness is one that can and will be shared by other states with similar disdain for human rights. With this in mind, it is important that lawyers and law firms are suitably equipped and willing to take cases and causes where these rights are the focus.
Written by Paul Tuck
Assessing Firms
#Bindmans #Legal500 #PayneHicksBeach #IrwinMitchell
References
1) ‘As it Happened: Navalny Sentence to 2 years 8 Months in Penal Colony’, (The Moscow Times, February 3rd 2021) https://www.themoscowtimes.com/2021/02/02/as-it-happened-navalny-sentenced-to-2-years-and-8-months-in-penal-colony-a72803
2) ‘Alexei Navalny: Russian Officials Bring New Fraud Charges’, (BBC, December 29th 2020) https://www.bbc.co.uk/news/world-europe-55477891
3) Damelya Aitkhozhina, ‘Russian Court Rules to Jail Navalny’, (HRW, February 2nd 2021) https://www.hrw.org/news/2021/02/02/russian-court-rules-jail-navalny
4) Andrea Palasciano, ‘3 Things to Know About Navalny’s 2014 Fraud Case’, (The Moscow Times, February 2nd 2021) https://www.themoscowtimes.com/2021/02/02/3-things-to-know-about-navalnys-2014-fraud-case-a72804
5) Damelya Aitkhozhina, ‘Russian Court Rules to Jail Navalny’, (HRW, February 2nd 2021)
6) Reuters Staff, ‘Russia Dismisses European Court of Human Rights’ Call to Free Navalny’, (Reuters, February 17th 2021) https://www.reuters.com/article/us-russia-politics-navalny-court-release-idUSKBN2AH1XI
7) Marc Bennetts, ‘Russia Hits Alexei Navalny With Fraud Charges’, (KYC360, December 30th 2020) https://www.riskscreen.com/kyc360/news/russia-hits-alexei-navalny-with-fraud-charges/
8) Andrew Roth, ‘ECHR Tells Russia to Free Alexei Navalny on Safety Grounds’, (The Guardian, February 17th 2021) https://www.theguardian.com/world/2021/feb/17/echr-tells-russia-to-free-alexei-navalny-on-safety-grounds
9) Aric Toler, ‘Hunting the Hunters: How We Identified Navalny’s FSB Stalkers’, (Bellingcat, December 14th 2020) https://www.bellingcat.com/resources/2020/12/14/navalny-fsb-methodology/
10) Michael Schwirtz and Melissa Eddy, ‘Alexei Navalny Was Poisioned With Novichok, Germany Says’, (The New York Times, September 15th 2020) https://www.nytimes.com/2020/09/02/world/europe/navalny-poison-novichok.html
11) Luke Harding, ‘”Do You Remember the Underwear’s Colour?” – Navalny’s Call With Duped Spy’, (The Guardian, December 21st 2020) https://www.theguardian.com/world/2020/dec/21/what-does-alexei-navalny-say-the-duped-russian-spy-admitted-about-his-poisoning
[12] Gerogina Rea, ‘Sanctions and Asylum claims following the poisoning of Navalny’, (Payne Hicks Beach, November 18th 2020) Sanctions and Asylum claims following the poisoning of Navalny by Georgina Rea Citizenship & Immigration Payne Hicks Beach | Payne Hicks Beach (phb.co.uk)
[13] ‘UN rights office ‘deeply troubled’ by Russian activist Aleksei Navalny’s arrest’, (UN News, January 18th 2021) UN rights office ‘deeply troubled’ by Russian activist Aleksei Navalny’s arrest | | UN News
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.