Russia's justice minister described the decision by the human rights court as unprecedented interference in the work of Russia's courts and said, "There are no legal grounds for the release of this person from custody."

Kremlin critic Alexey Navalny, who is accused of slandering a Russian World War Two veteran, stands inside a defendant dock during a court hearing in Moscow, Russia, February 16, 2021.
Kremlin critic Alexey Navalny, who is accused of slandering a Russian World War Two veteran, stands inside a defendant dock during a court hearing in Moscow, Russia, February 16, 2021. (Reuters)

Europe's top human rights court has ordered Russia to release jailed opposition leader Alexey Navalny, a ruling that will be unlikely to soften the Kremlin's determination to isolate its most prominent foe.

The ruling by the European Court of Human Rights that was posted on Navalny's website on Wednesday demands that Russia set him free immediately and warns that failing to do so would mark a breach of the European human rights convention.

Navalny, 44, an anti-corruption investigator and President Vladimir Putin's most prominent critic, was arrested last month upon returning from Germany, where he spent five months recovering from a nerve-agent poisoning that he blames on the Kremlin. Russian authorities have rejected the accusation.

Earlier this month, a Moscow court sentenced Navalny to two years and eight months in prison for violating terms of his probation while recuperating in Germany. The sentence stems from a 2014 embezzlement conviction that Navalny has rejected as fabricated and the European court has ruled to be unlawful.

In its Tuesday's ruling, the ECHR pointed to Rule 39 of its regulations and obliged the Russian government to release Navalny, citing “the nature and extent of risk to the applicant's life.”

“This measure shall apply with immediate effect,” the Strasbourg-based court said in a statement.

The court noted that Navalny has contested Russian authorities' argument that they had taken sufficient measures to safeguard his life and well-being in custody following the nerve agent attack.

READ MORE: Does the EU’s pressure on Russia have teeth?

'Act of meddling'

Russia's Justice Minister Konstantin Chuychenko described the decision by the European Court of Human Rights, as unprecedented interference in the work of Russia's courts.

Chuychenko also said the ECHR order was impossible to fulfill as it had no basis in Russian law, Russian news agencies cited the minister as saying. 

Chuychenko told Interfax news agency the court's demand was "unreasonable and unlawful" and "there are no legal grounds for the release of this person from custody."

A matter of internal affairs

The Russian Justice Ministry warned in a statement carried by the Tass news agency that the ECHR's demand referencing the rule would represent a “crude interference into the judicial system” of Russia and “cross the red line.”

It emphasised that “the ECHR can't substitute a national court or cancel its verdict.”

In the past, Moscow has abided by the ECHR's rulings awarding compensations to Russian citizens who have contested verdicts in Russian courts, but it never faced a demand by the European court to set a convict free.

In a reflection of its simmering irritation with the European court's verdicts, Russia last year adopted a constitutional amendment declaring the priority of national legislation over international law. Russian authorities might now use that provision to reject the ECHR's ruling.

Mikhail Yemelyanov, a deputy head of the legal affairs committee in the Kremlin-controlled lower house of parliament, pointed at the constitutional change, noting that it gives Russia the right to ignore the ECHR's ruling, according to the Interfax news agency.

Navalny’s arrest and imprisonment fueled a wave of protests across Russia. Authorities responded with a sweeping crackdown, detaining about 11,000 people, many of whom were fined or given jail terms ranging from seven to 15 days.

Russia has rejected Western criticism of Navalny’s arrest and the crackdown on demonstrations as meddling in its internal affairs.

READ MORE: EU trio expels Russian diplomats in tit-for-tat action

Source: TRTWorld and agencies