INSUBCONTINENT EXCLUSIVE:
Karinna Moskalenko is a prominent Russian human rights lawyer known for defending journalists, activists and opposition politicians.She has
decades of experience working with international human rights institutions and is widely recognized for her efforts to protect freedom of
expression and civil liberties.In 2001, Karinna Moskalenko became the first Russian lawyer to successfully plead a case at the European
Committed to advancing human rights protection in Russia, she founded the Center of Assistance to International Protection in Moscow in 1994
From 1999 to 2007, she served on the Expert Council of the Commissioner for Human Rights in Russia.Since 2024, she has been working as the
head of the UN Group of Independent Experts on the Human Rights Situation in Belarus.The Moscow Times spoke with Moskalenko about the
international mechanisms still available to Russian citizens and her current human rights mission in Belarus.This interview has been edited
European Court of Human Rights
international court whose rulings were binding for Russia
The very existence of this mechanism significantly supported human rights and the rule of law in the country.This is how it worked: people
would file complaints with the European Court, the Court would issue rulings binding on Russia, and this made it possible to overturn
previous decisions, amend laws and change legal practices at the national level
We started doing this in 1998, when Russia came under the jurisdiction of the European Court
jurisdiction.Many Russians now believe they have no alternative international judicial body
But they do: a similar, quasi-judicial mechanism called the UN Human Rights Committee
Russians can file complaints through a comparable procedure and receive protection at the international level
are merely recommendations
Not at all.Since January 1, 1992, Russia has fallen under the competence of the UN Human Rights Committee
To this day, complaints against Russia under international law continue to be reviewed
The Human Rights Committee also recognizes violations, but leaves it to the state to determine appropriate compensation, without specifying
the amount.So in recent years, the Human Rights Committee has been less widely used; filing with the European Court seemed simpler
But now, Russians have no other option
but the Committee still provides a real opportunity to seek justice at the international level
enthusiastic about complying with the European Court
Still, those rulings were generally implemented
Now we need to make the UN mechanism work
The UN remains the last international forum for Russia
We can already see that Russian authorities respond to some complaints
We will work to ensure compliance with the decisions
There are various mechanisms, forms of appeal and ways to restore violated rights
We must insist on our rights and work to have them restored
but also on ensuring accountability for the perpetrators of these violations
This is a large-scale effort
Previously, a similar group of experts worked under the UN High Commissioner for Human Rights, publishing reports and analyzing
findings.Since last year, a new independent mandate was established by a resolution of the UN Human Rights Council
violations that have occurred since May 2020 and continue today
We hope to make progress in the coming year
In principle, these mandates can be extended for up to six years, though the Human Rights Council must vote on it every year.One of the key
in this case, Belarus.In September, I spoke at a session of the Human Rights Council and switched to Russian because Belarusian
representatives always speak Russian
begin, perhaps with conferences and roundtables, to discuss the issues within our mandate
We extended a hand and they had a good opportunity
We asked them to respond: what were the causes of death, how were the cases investigated, was responsibility established? Maybe some cases
Even their allies at the UN Human Rights Council acknowledge that such dialogue is essential
Without it, the process reaches an impasse: we present evidence, they deny, and nothing progresses
Therefore, it is crucial that they listen to us, provide our mission with relevant information, and offer explanations for their actions
If they choose not to engage, they are missing an important opportunity and it is truly regrettable.