Improper dismissal of a judge

Kudeshkina v Russian Federation (Appl. No. 29492/05)

• Intervention by Karinna Moskalenko, legal representative of the applicant and Director of International Protection Centre
• Judgment of the European Court of Human Rights

In this case, the ECtHR found that the applicant’s dismissal from the judiciary in 2004 to be in violation of Article 10 of the Convention as the penalty imposed on the applicant (i.e. early termination of office at the respective court as well as abrogation of the judge’s rank) for her comments critical of the Russian judiciary was disproportionately severe and capable of having a “chilling effect on judges who wish to participate in the public debate on the effectiveness of judicial institutions.”

Karinna Moskalenko, legal representative of the applicant and Director of International Protection Centre, called upon the Committee to urge the Russian Federation to provide an action plan in this case, which it has failed to present for over 8 years.  As the applicant judge is no longer in a position to call for restoration of her office due to severe illness and age, the Russian Federation was invited to ensure that the applicant is provided with the status of a retired judge and in that way would be entitled to a retirement pension and other privileges, which she has been deprived of since her dismissal. Ms. Moskalenko’s intervention can be found here.