On 17 August 2020, the Russian political opposition leader Alexei Navalny, known for publicly criticising President Putin, was taken to a hospital following a suspected poisoning. Navalny is a prominent and outspoken critic of President Putin. His primary aim was to target and explore the wealth of Putin's inner circle through the launch of his Anti-Corruption foundation. Navalny is not the first Russian citizen to be poisoned, with similar cases including the murder of Alexander Litvinenko and the attempted murder of Sergei Skripal, both of whom were poisoned on UK soil for speaking out against the Russian government.

NAVALNY’S EVACUATION TO GERMANY 

Initially Russia prohibited Navalny from being transported to Germany for medical care. However, the European Courts later granted interim measures under Rule 39 of the Rules of Court at the request of Navalny's representatives. These measures included enabling doctors to access Navalny's medical records in order to assess his capability to travel from Siberia to Germany for treatment. If Russia did not comply, it would be violating the Article 2, Right to Life of the European Court of Human Rights (ECtHR). Following the pressure placed by the international community, on 22 August 2020, Navalny was flown out from Omsk to Berlin for his treatment through the broad compliance of the Kremlin.

INTERNATIONAL RESPONSE TO POISONING 

North Atlantic Treaty Organisation (NATO) chief Jens Stoltenberg called for a greater international response after describing the poisoning as an “attack on fundamental democratic rights”. He also called for Russia to cooperate with the impending investigation over the suspected poisoning. After German doctors confirmed that the nerve agent Novichok was used to poison Navalny, NATO described the attempted assassination as a "breach of international law," contrary to the Chemical Weapons Convention that forbids the use of chemical weapons.

Moreover, UK Foreign Secretary Dominic Raab called the attack "utterly deplorable" and has agreed to work alongside German Foreign Minister Heiko Maas to guarantee that Russia is held fully accountable over the poisoning of Navalny. Similarly, the UN’s High Commissioner for Human Rights, Michelle Bachelet, condemned Russia’s act, stating that Alexei Navalny's poisoning must get an "independent probe".

THE RISE AND FALL OF POLITICAL FREEDOM  

With the collapse of the Soviet Union in 1991, Russia became a country with new hopes, promises, and desires. Mikhail Gorbachev, president at the time, initiated a movement named "Perestroika," which translates to "restructuring" and included a new policy of transparency (“glasnost”) as well as the publication of previously-banned books. This move towards freedom of speech was furthered by Russia’s ratifying the European Convention of Human Rights (ECHR) in May 1998. At that point, TV stations operated independently not abiding by the governmental imperatives, regional elections were permitted, and politics was competitive. 

However, that promise of political freedom has not been upheld. Russia now has an authoritarian political system, which lies in the hands of the current President, Vladimir Putin. Since President Putin first came to power in 1999, there have been numerous human rights violations by his regime. Violations include extrajudicial killings, poisonings, and war crimes. Furthermore, in 2012, Putin presented the contentious Foreign Agents Law that was subsequently used to combat the presence of various human rights organisations. The primary aim of this new law was to moderate the ability to expose human rights abuses.

Moreover, in 2019, candidates the Kremlin supported won every regional and gubernatorial election, resonant of the Soviet era. In the Union of Soviet Socialist Republics (USSR), choices were limited when it came to elections, and voters were subjected to choosing only one party and one candidate. 

In another move reminiscent of the USSR, July 2020 saw a national referendum, where the president made a series of constitutional amendments. The aim of these amendments was to enable the President to stay in power until at least 2036, and was described by Navalny as “a shameful farce”. This amendment was not necessarily a requirement under the Russian constitutional law; however, it gave the appearance of public support for Putin to safeguard his governance of Russia. For politicians like Alexei Navalny, this means that there may never be the political freedom that was once promised to them, but instead they will have to face the authoritarian sanctions imposed by the Kremlin.

THE FUTURE OF POLITICAL OPPOSITION IN RUSSIA

Ever since Putin rose to power in 1999, there have been significant changes to what can and cannot be said or written publically. What was once believed to be the start of political freedom in Russia under Gorbachev's "Perestroika" became once again reminiscent of Soviet era-censorship. 

The poisoning of Navalny is the latest in a long line of attempts by the Russian government to silence critics of the regime. One can also argue that his poisoning suppressed Navalny’s ability to express political thoughts, which clearly violates Article 10 of the ECHR—the freedom of expression.

After being transferred to Germany, Navalny's condition has significantly improved. Doctors at the Charité Hospital in Berlin have successfully treated the lawyer-turned-political-campaigner who has now been discharged. Although Russia had ruled out any form of inquiry into Navalny's poisoning, the ECtHR may now proceed with any inquiries relating to the case. Navalny’s poisoning serves as a reminder of how dangerous political opposition is in Russia today. 

Harine is a law student at University of Aberdeen studying Scottish Law with English law and European legal studies. She has a keen interest in Security law, Human Rights Law and International Relations. She aims to work as legal counsel for the United Nations.

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