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The Committee of Ministers of the Council of Europe suspended Russia’s membership in the organization, but in this case the state remains a member of the Council, but does not participate in the work of the Committee of Ministers, the Parliamentary Assembly and other bodies – the European Court of Human Rights (ECHR) is not affected by this provision. Therefore, according to lawyers, the ECtHR will continue to work for the Russians. Cases continue to be considered, decisions are made and executed. New complaints to the ECHR are being filed and accepted, said Pavel Chikov, head of the Agora human rights group (in 2014, Agora was included in the list of foreign agents, in 2016 it was liquidated at the suit of the Ministry of Justice, it currently operates without registration – ed. ed.).
The suspension decision concerns only the rights of the Russian delegation in the Committee of Ministers and the Parliamentary Assembly of the Council of Europe. The Committee of Ministers may also invite a State to leave the Council of Europe. If the state agrees, then the exit date will be January 1 of the following year. But the Committee may also, by its decision, terminate the state’s membership in the Council from a date that it determines itself, said lawyer Oleg Anishchik.
Full withdrawal from the Council of Europe, and not suspension of membership, would mean withdrawal from the European Convention, but this withdrawal will not be instantaneous either. Article 58 of the Convention provides for the conditions for the withdrawal of states from it. In the event of a State’s expulsion from the Council of Europe, the ECtHR will remain competent to consider applications that have already been submitted and those applications that will be submitted for violations of the Convention committed before the date of withdrawal. Thus, the ECtHR will remain competent in relation to Russia until January 1, 2023, if Russia withdraws itself before September – or until the date announced by the Committee of Ministers.
Source: Rosbalt
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