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ALJ 2020 Lessons Learned 11
attention and he was awarded the Vaclav Havel Human Rights Prize by the Parliamentary Assembly
in November 2018. In 2019 he received a relatively mild sentence allowing for his release soon
after, but could not continue his work in Chechnya any more. The shrinking space for civil society
in Europe has also been addressed by a pertinent recommendation of the Committee of Ministers
of 2018, which requested Member States to provide an enabling legal framework and a conducive
political environment as well as effective measures to protect and promote civil society space.35
Civil society partly derives its strength from its access to the media, which disseminate its findings
and requests and thus allow it to mobilize public opinion. The media themselves, in particular by
way of investigative journalism play an indispensable role for denouncing human rights violations,
by “naming and shaming”. Both can influence public opinion, which is crucial in pursuing a case
against a government as can be seen from the “Greek case”.36
Academia has the role of researching and analyzing, interpreting obligations and commenting on
the appropriateness and consistency of international action. It might also provide assistance to
victims in accessing national and international remedies as can be shown for the case of Russia.37
It has recently been facing an anti-elitist sentiment by populist governments, but its contribution
is needed for the development of policies based on facts as shown by the COVID-19 crises.
D. Case studies of Russian Federation and Turkey
1. Russian Federation
After the dissolution of the Soviet Union, succeeded by the Russian Federation (RF), the latter
applied for membership in the Council of Europe. The application was granted in 1996 in spite of
the results of fact-finding by PACE which showed that the Russian Federation was not as yet in a
position to meet the membership criteria.38 Nonetheless, in order not to lose the window of
opportunity of the Russian interest in accession, the Russian Federation was admitted in 1996 with
the understanding that the commitments entered into upon accession and the monitoring
procedure would help Russia to undertake the necessary reforms. The accession meant that
Russia also became a party to the European Convention on Human Rights and had to accept the
jurisdiction of the European Court of Human Rights (ECtHR), which by the reform of 1998 became
a single institution to decide all cases. Since, the RF has been found in violation of its obligations in
thousands of cases, which in the early period of its membership led to important legal reforms in
which the newly established Constitutional Court of the RF had a key role. The Convention and the
Court and their “Strasbourg effect” were welcome to support the modernization and
35 Council of Europe, Committee of Ministers Recommendation CM/Rec(2018)11 of Nov. 28, 2018 on the need to
strengthen the protection and promotion of civil society space in Europe.
36 Anne-Marie Clark, Diplomacy of Conscience: Amnesty International and Changing Human Rights Norms 42 et seq.
(Princeton University Press 2001).
37 See, Anton Burkov, The use of European human rights law in Russian courts, in RUSSIA AND THE EUROPEAN COURT OF
HUMAN RIGHTS, THE STRASBOURG EFFECT 59 et seq. (Lauri Mälksoo, Wolfgang Benedek eds. Cambridge University Press.
2018); Philip Leach, Egregious human rights violations in Chechnya: appraising the pursuit of justice, id., 255 et seq.
38 Petra Roter, Russia in the Council of Europe: Participation Ă la carte, in RUSSIA AND THE EUROPEAN COURT OF HUMAN RIGHTS,
THE STRASBOURG EFFECT 40 et seq. (Lauri Mälksoo, Wolfgang Benedek eds. Cambridge University Press. 2018); see
the opinion by PACE on Russia’s application for membership in the Council of Europe, Doc. 7463 of Jan. 18, 1996.
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book Austrian Law Journal, Volume 1/2020"
Austrian Law Journal
Volume 1/2020
- Title
- Austrian Law Journal
- Volume
- 1/2020
- Author
- Karl-Franzens-Universität Graz
- Editor
- Brigitta Lurger
- Elisabeth Staudegger
- Stefan Storr
- Location
- Graz
- Date
- 2020
- Language
- German
- License
- CC BY 4.0
- Size
- 19.1 x 27.5 cm
- Pages
- 23
- Keywords
- Recht, Gesetz, Rechtswissenschaft, Jurisprudenz
- Categories
- Zeitschriften Austrian Law Journal