Identifier
Created
Classification
Origin
09STRASBOURG33
2009-12-15 15:57:00
CONFIDENTIAL
Consulate Strasbourg
Cable title:  

SAVVY RUSSIAN MOVES ON COE PROTOCOL 14

Tags:  PREL PHUM COE FR RS 
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PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSL
DE RUEHSR #0033 3491557
ZNY CCCCC ZZH
P 151557Z DEC 09
FM AMCONSUL STRASBOURG
TO RUEHC/SECSTATE WASHDC PRIORITY 0199
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHSR/AMCONSUL STRASBOURG 0210
C O N F I D E N T I A L STRASBOURG 000033 

SIPDIS

STATE ALSO FOR EUR/ERA AND EUR/RUS

E.O. 12958: DECL: 12/15/2019
TAGS: PREL PHUM COE FR RS
SUBJECT: SAVVY RUSSIAN MOVES ON COE PROTOCOL 14

CLASSIFIED BY: Vincent Carver, CG, Strasbourg, State.
REASON: 1.4 (b),(d)
C O N F I D E N T I A L STRASBOURG 000033

SIPDIS

STATE ALSO FOR EUR/ERA AND EUR/RUS

E.O. 12958: DECL: 12/15/2019
TAGS: PREL PHUM COE FR RS
SUBJECT: SAVVY RUSSIAN MOVES ON COE PROTOCOL 14

CLASSIFIED BY: Vincent Carver, CG, Strasbourg, State.
REASON: 1.4 (b),(d)

1. (U) Russian Ambassador Alekseev told Council of Europe (COE)
plenary sessions December 9 and 14 that the Duma may ratify
Protocol 14 in 2010 in light of written assurances that the
European Court of Human Rights cannot specify how a member-state
should implement court decisions. Most member-states welcomed
the Russian interventions and urged a prompt ratification. The
Georgian Ambassador noted that Russia had successfully turned a
judicial reform matter into a political question.


2. (C) Comment: Russia has long been the sole hold-out
regarding ratifying Protocol 14, which will reduce the number of
judges needed to hear most cases from three to one, thereby
easing the backlog of approximately 100,000 cases. Most
observers noted that Russia remained recalcitrant given that so
many of the cases dealt with alleged Russian violations of the
European Convention on Human Rights, particularly in the
northern Caucasus. Russia consistently replied to criticism by
noting that it had signed Protocol 14, but like any functioning
democracy, ratification was up to the legislative branch. By
obtaining a written legal opinion that the Court cannot
prescribe specific ways for a member-state to implement court
rulings, Russia has succeeded in protecting itself from
potential remedies it would find unpalatable. Two-thirds of
member-states are needed to prescribe how a member-state
implements a court decision. Moscow has already demonstrated,
during the COE's 16-month discussion of the consequences of the
war in Georgia, that it can convince enough member-states to
continue to engage, rather than confront, Russia for this
possibility to remain remote.

CARVER