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ECHR finds Russia’s treatment of US rights activist ‘tainted with gross procedural defects’ – JURIST

The European Court of Human Rights (ECHR) Tuesday found that Russia violated the rights of an American expatriate and her Russian husband when Russia revoked their residential permit.The court found multiple violations of articles of the European Convention of Human Rights. Included among the violations were an Article 8 violation of the right to respect for private life and family, Article 18 violation of the limitation on the use of restrictions of rights, and Article 38 violation of the obligation to furnish the necessary facilities for the examination of a case.During the submission of the case, Russian authorities relied on the defense of national security. However, Russia did not provide adequate evidence on the matter to the court. There was a noted lack of cooperation from any Russian authorities. Furthermore, Russia was unable to provide a reason for not providing Kogan or the court with the documents. As a result, the court found that the Russian proceedings “as a whole had been tainted with gross procedural defects,” whereby Russian authorities “failed to strike a balance between the national-security concerns and Ms Kogan’s rights.”Additionally, the court found that Russian authorities revoked Kogan’s residential permit in an effort to “deprive her of legal grounds to remain in Russia” and to “put insuperable obstacles to her challenging the relevant decision.”Kogan moved to Russia in 2009, and married Avetisyan in 2013. Kogan worked with a non-governmental organization (NGO) that worked to provide legal protection to victims of human rights violations. She applied for and several residence permits in Russia, which were set to expire in 2022. In September 2020 Kogan applied for Russia citizenship, but the application was refused and her residential permit revoked. Russian security forces alleged that Kogan “posed a threat to national security.” Kogan tried to litigate the issue through Russian courts, but all of her efforts were rejected. Russian authorities eventually charged Kogan for breaching migration regulations.The court ordered Russia to pay Kogan and her husband 9,800 euros. Mounting allegations continue to be uncovered against Russia, with mounting convictions and penalties to follow.