An additional protocol which could well force the Russian authorities to communicate their investigation.
The Robin des Lois association filed a request this Wednesday, February 21, before the Paris administrative court to order the Ministry of Foreign Affairs to ask its Russian counterpart for the investigation file into the death of opponent Alexeï Navalny.
The lawyer was detained in the Kharp penal colony, in Siberia (Russia), until his death on February 16.
Since then, the Russian authorities have still not handed over his body to his family and no relatives have been able to formally identify him, due to lack of access to the remains.
The investigative services announced to the opponent's mother on Tuesday that his body would be kept "at least 14 days" for investigation purposes, while the cause of death is still officially "unknown".
A request in the name of judicial cooperation between the two countries
It is in an attempt to move the matter forward that the association for the defense of human rights and prisoners Robin des Lois is launching legal action.
She was recognized by the courts as legitimate to act to defend the interests of political prisoners, including if they are neither French nor in France, and can therefore claim to represent the interests of Alexeï Navalny before the courts.
From a legal point of view, Russia has been required since 2020 to apply the protocols of the European Convention on Mutual Assistance in Criminal Matters which it has ratified.
This means that in a case between Russia and one of the signatory countries (including France), the teams of the two States must cooperate and send each other all the necessary documents.
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This text serves as the basis for the association's request: it asks the judge to order the Ministry of Foreign Affairs to request from Russia the investigation file into the causes of Alexeï Navalny's death.
This would thus make it possible to know the details of the procedural acts carried out since the death of the opponent, namely whether an autopsy or samples and analyzes have been carried out.
“This cooperation protocol is still applicable, Russia has not revoked it.
So there would be no legal obstacle to this request, it would simply be a matter of enforcing the agreement which is in force”, underlines Emmanuel Ludot, lawyer for the association who expects a response “within a few days”.
The Robin des Lois association also requires the delivery of Alexeï Navalny's medical file and autopsy report, which can only be opened by an expert mandated by the judge in order to guarantee medical confidentiality, as part of a criminal proceedings opened in France.
She is in fact considering ultimately filing a complaint with the establishment of a civil party before the Paris court for crimes against humanity, which would consist of the detention in a forced labor camp of Alexeï Navalny.