Non-execution of Strasbourg Judgments against Russia: the Case for a Trust Fund

Abstract

After being expelled from the Council of Europe, Russia passed a law on not complying with any judgment of the European Court of Human Rights that entered into force after 15 March 2022. In these circumstances, new approaches are required to safeguard the authority of the Court. This study considers the possible ways out of the deadlock. Firstly, it critically examines the Committee of Minister’ strategy on implementing Russian judgments, which is limited to registering outstanding obligations of the Russian Government under the Court’s judgments. Secondly, the frozen property in Europe is yet to be confiscated, nor it is clear whether it will be. This study proposes that, under the aegis and within a legal framework of an existing international organization, a trust fund be established which may receive voluntary contributions from States and individuals. It will be better placed to do so than multiple indigent individuals scattered across the globe. If and when Russia applies to return to the Council of Europe it may be required to reimburse, with all accrued interest, the amounts spent by such a trust fund.