Office of the United Nations High Commissioner for Human Rights, Geneva UN human rights expert calls on EU to reconsider sanctions against Alexandra Melnichenko Human Rights
The Special Rapporteur on unilateral coercive measures, Elena Dovgan, today called on the Council of the European Union and the Swiss government to reconsider the imposition of sanctions against Alexandra Melnichenko, the wife of Russian billionaire Andrey Melnichenko, and to provide access to the evidence that served as the basis for her inclusion on the sanctions list.
Dovgan expressed concern about the application of restrictive measures against Alexandra without a formal process of examination and presentation of evidence that could be challenged in court.
According to a statement by an independent expert, on 3 June 2022, the EU Council imposed measures against Melnichenko due to her husband’s alleged links to the Russian government. In March this year, the Council upheld the decision, stating that “Alexandra Melnichenko enjoys and benefits from her husband’s wealth.” Switzerland followed the EU’s lead by including Alexandra on its sanctions list.
Dovgan noted the impact of sanctions on the life and rights of Melnichenko and her immediate family, as well as the consequences that may be commensurate with criminal punishment. Thus, according to the Special Rapporteur, Alexandra has an inalienable right to benefit from all guarantees of due process and a fair trial, including the presumption of innocence, as well as access to legal remedies.
The independent expert emphasized that using family ties as the sole basis for any type of liability may qualify as collective punishment, prohibited by international human rights law. According to Dovgan, the EU Council did not grant Alexandra Melnichenko’s request for a review of the decision and did not provide an adequate explanation for this.
In addition to the financial implications, she and her family reportedly face restrictions on movement within the EU and are unable to enter Switzerland despite holding a residence permit in the country, the Special Rapporteur noted.
“I draw attention to the possible multifaceted barriers to access to justice for all those subject to unilateral sanctions, including restrictions on legal representation and defence, access to information and evidence, the inadequacy or complete absence of a review process for such sanctions, as well as the lack of a clear legal framework on which decisions are taken and such measures are applied,” the human rights defender said.
She noted that obstacles to reviewing the sanctions imposed may not only be contrary to international law, but also to the EU Council Guidelines for the implementation and assessment of restrictive measures mer.
The expert has already shared her concerns with the European Union and the Swiss government.
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Special Rapporteurs are part of the so-called Special Procedures of the Human Rights Council, which deal with situations in specific countries or thematic issues. Special Procedures experts work on a voluntary basis; they are not UN employees and do not receive a salary for their work. They are independent of any government or organization and serve in their individual capacity.