ECHR Lawyers Russia: ECHR Cases Against Russia — What Happens Now

Russia’s expulsion from the Council of Europe in March 2022 marked a watershed moment in the history of the European human rights system. For the first time since the Convention came into force in 1953, a member state was removed from the Convention framework — closing the door to the European Court of Human Rights for millions of people living under Russian jurisdiction who had previously been able to seek redress in Strasbourg.

If you have a pending application against Russia at the European Court, or if you are considering your legal options following Russia’s expulsion, this page explains the current legal position — and our lawyers are available to advise you on what your next steps should be.

Russia’s Expulsion from the Council of Europe: The Timeline

The sequence of events that ended Russia’s membership of the Council of Europe unfolded rapidly following the full-scale invasion of Ukraine:

• 24 February 2022 — Russia launches full-scale military invasion of Ukraine
• 25 February 2022 — The Committee of Ministers suspends Russia’s rights of representation under Article 8 of the Council of Europe Statute
• 1 March 2022 — The European Court of Human Rights grants Rule 39 interim measures in applications by Ukraine, ordering Russia to refrain from military attacks on civilians and civilian infrastructure
• 15 March 2022 — The Parliamentary Assembly of the Council of Europe (PACE) votes unanimously that Russia is no longer a member state
• 16 March 2022 — The Committee of Ministers adopts Resolution CM/Res(2022)2 declaring Russia ceases to be a member of the Council of Europe with immediate effect. Russia simultaneously notifies its intention to withdraw from the Convention
• 23 March 2022 — The Committee of Ministers adopts Resolution CM/Res(2022)3 setting out the legal and financial consequences of Russia’s expulsion
• 16 September 2022 — Russia ceases to be a party to the European Convention on Human Rights under Article 58, completing the six-month notice period. From this date, Russia is no longer bound by the Convention

What Happened to Pending ECHR Cases Against Russia?

The European Court of Human Rights retained jurisdiction over applications against Russia that were submitted before 16 September 2022. This was a critical transitional measure: it ensured that the tens of thousands of applications already lodged with the Court could continue to be processed and decided, even though Russia was no longer a party to the Convention.

Applications submitted after 16 September 2022 fall entirely outside the Court’s jurisdiction. Russia’s expulsion effectively cut off access to the European Court for any new violations occurring after that date.

Russia has refused to cooperate with the Court’s proceedings since its expulsion. No Russian judge sits in the Court’s formations dealing with Russian cases. Russia has not responded to communications from the Court, has not participated in proceedings, and has made clear that it does not consider itself bound by any further judgments of the European Court.

For applicants with pending cases, the Court continues to process their applications and deliver judgments. However, the practical difficulty is enforcement: with Russia no longer a member of the Council of Europe and the Committee of Ministers’ supervision mechanism no longer applicable to Russia, there is currently no effective enforcement mechanism for ECHR judgments against Russia.

Russia’s Record at the European Court: Landmark Cases

Before its expulsion, Russia was consistently one of the states with the highest number of findings of violation at the European Court. Landmark cases against Russia include:

Khodorkovskiy v. Russia — The cases of oil oligarch Mikhail Khodorkovsky, prosecuted and imprisoned on charges widely seen as politically motivated, led to findings of violations of Articles 3, 5, 6, and 18 of the Convention. The Court found that his detention and prosecution were pursued for purposes beyond those permitted by the Convention — a finding under Article 18 that is rarely made and carries particular weight.

Navalny v. Russia — The European Court found multiple violations in the series of cases brought by opposition politician Alexei Navalny, including violations of Articles 5 (arbitrary detention), 11 (freedom of assembly), and 18 (restrictions for ulterior purposes). The Court found that his repeated arrests were politically motivated and designed to suppress political opposition. Navalny died in a Russian penal colony in February 2024.

Beyond these high-profile cases, Russia had accumulated hundreds of unimplemented judgments relating to systematic violations of Article 3 (torture in Chechnya and police custody), Article 6 (fair trial rights), Article 5 (arbitrary detention), and the right to an effective remedy. The scale of non-compliance was a persistent source of tension between Russia and the Council of Europe.

Inter-State Cases Against Russia: Ukraine v. Russia

The interstate applications brought by Ukraine against Russia remain before the European Court and continue to be actively litigated. The Court’s jurisdiction over these inter-state cases arising from events before 16 September 2022 is not affected by Russia’s expulsion. Grand Chamber judgments in 2023 and 2024 have already made significant findings on Russia’s responsibility for human rights violations in Crimea and eastern Ukraine (see our Ukraine page for full details).

These inter-state judgments are important not only for their direct legal effects but also because they establish the factual and legal framework within which thousands of individual applications from Ukraine against Russia will be examined.

Alternative Remedies After Russia’s Expulsion

For violations by Russia occurring after 16 September 2022 — or where ECHR proceedings are no longer available — there are a number of alternative international legal mechanisms that our lawyers can advise on:

UN Human Rights Committee

Russia is a party to the International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocol, which allows individual communications to the UN Human Rights Committee. The Committee can examine complaints of ICCPR violations by Russia and issue Views finding violations. While these Views are not legally binding in the same way as ECHR judgments, they carry significant international authority and can be relevant in domestic and other international proceedings.

UN Special Procedures

UN Special Rapporteurs and Working Groups (such as the UN Working Group on Arbitrary Detention) can examine individual cases and issue opinions on violations of international human rights law. The UN Working Group on Arbitrary Detention, for example, has issued opinions in numerous cases of political prisoners in Russia, including cases involving post-2022 anti-war protesters.

International Court of Justice

State-to-state litigation before the International Court of Justice may provide a forum for certain categories of human rights violations, although this mechanism is available only to states, not to individuals.

Domestic Courts in Russia

Domestic remedies within the Russian judicial system remain theoretically available but are of very limited practical effectiveness for cases involving state-sponsored violations, particularly in the current political environment. Our lawyers can advise on whether domestic remedies remain viable in specific circumstances.

What Our ECHR Lawyers Can Do for You in Russia Cases

Our team can assist with several categories of Russia-related cases:

• Pending ECHR applications — If you have a case already lodged with the European Court that concerns events before 16 September 2022, we can advise on the status of your application and represent you in proceedings
• New applications for pre-2022 events — If your violation occurred before 16 September 2022 and you have not yet applied to the Court, we can assess whether an application is still possible within the time limits and advise accordingly
• Alternative international mechanisms — For post-2022 violations or cases where ECHR is no longer available, we advise on the UN Human Rights Committee, UN Special Procedures, and other international frameworks
• Strategic advice — We provide strategic advice on combining different international mechanisms to maximise accountability and the prospect of eventual redress

The situation for victims of Russian human rights violations is genuinely difficult following the expulsion — but international legal options do exist, and early legal advice is essential. Contact our team for a free consultation. You can also read our guide to filing a complaint to the ECHR and our page on ECHR admissibility criteria.

Frequently Asked Questions: ECHR and Russia

Can I still get compensation from Russia through the ECHR?

The European Court can still deliver judgments finding violations and awarding just satisfaction in cases submitted before 16 September 2022. However, enforcing these judgments — compelling Russia to pay — is extremely difficult given Russia’s non-participation and the absence of the Committee of Ministers’ supervision mechanism. The Council of Europe has been exploring options for alternative enforcement, including through the assets of the Russian state held in other jurisdictions.

I was arrested in Russia for protesting against the war. What can I do?

If your arrest occurred after 16 September 2022, the European Court of Human Rights is not an available remedy. However, you may be able to submit a communication to the UN Human Rights Committee, contact the UN Working Group on Arbitrary Detention, or engage UN Special Rapporteurs. Our lawyers can advise on the most appropriate and effective mechanism for your specific situation. Contact us for a confidential consultation.

Russia expelled from Council of Europe — does Protocol 16 still apply?

Protocol 16, which allows the highest domestic courts of member states to request advisory opinions from the European Court of Human Rights, does not apply to Russia following its expulsion. Russia was not a party to Protocol 16 in any event, having never ratified it. The Protocol remains operative between the other states that have ratified it.