Responses should be at the Strasbourg Court no later than May ВIn April of 2004*, six months after the terror attack on Dubrovka, attorney Karinna Moskalenko, acting in the interests of the Nord-Ost victims, filed a complaint against the government of Russia at the European Court of Human Rights. A few months later another group filed a similar complaint. For six years both complaints wandered the Strasbourg corridors. There was an written exchange between the parties, and finally a big win for all whose lives were damaged in varying degrees by Nord-Ost, and indeed for all citizens of Russia: the Court consolidated the two cases into one and made a decision on its admissibility. Karinna Moskalenko discussed with Novaya Gazeta what this all means and what steps the Russian government will now take to make sure the truth comes out. Karinna, Novaya Gazeta has information that the European Court of Human Rights made a decision on the admissibility of the Nord-Ost victims' complaints. Is this so? Yes it is. This is not a decision on the merits of the governments' violations, but nevertheless it is a very important stage in the complaint. The Court acknowledged that our complaint is within its jurisdiction, and it will make a decision on allegations of violations of human rights. Decisions by the European Court are binding. But did the European Court of Justice not already accept the complaint a long time ago? Yes, and it has already been communicated to the government. Communication is… This is the initial stage of the complaint, during which the Court sets before the two parties — the petitioner and the government — the substantive issues of the Court's coming decision. The Court at this stage is already deciding on the admissibility of the described facts that establish the resolution. For this it has used information from the petitioners' complaints. Prior to this decision all the questions were put to the government, the government responded to the questions, and the petitioners were granted their inalienable right to comment on the government's responses or object as needed. What happens after the stage of communication? The Court prepares its decision. But a decision on complicated cases, like this complaint, occurs in two stages. First the Court answers the question, is the complaint, or any of its points, admissible to the European Court? This is not a mere formality. It is worth mentioning that a majority of complaints are not taken into consideration at this point. The vast majority of complaints from Russia do not reach Court because complainants either did not exhaust all legal remedies in their country, or they exceeded the six-month window allowed for filing a complaint. So, you have passed the first step on the admissibility of the complaint. Now what? Now, in the second stage, the Court will determine exactly what violations were committed by the state. Government representatives, and we, will be asked additional questions on the merits of the alleged violations. This complaint addresses so many issues that, frankly, have rarely ever been seen by the European Court. The issues are grouped and divided into eight parts, and some parts even contain ten questions. Comments (2) | Views: 5568 | E-mail |