A UN expert* today urged the Council of the European Union and the Government of Switzerland to review their imposition of sanctions on Aleksandra Melnichenko, the spouse of sanctioned Russian billionaire Andrey Melnichenko, and allow access to evidence used for her designation under restrictive measures frameworks.
The EU Council imposed restrictive measures against Aleksandra Melnichenko on 3 June 2022 for being an "associate" with her husband for his alleged ties with the Russian Government. In March this year, the Council maintained the restrictive measures on her alleging that "(...) Aleksandra Melnichenko takes advantage of the fortune and benefits from the wealth of her husband. (...) she is an immediate family member benefitting from her husband and linked to him by common financial interests".
Switzerland followed suit by including her in its sanctions list based on the "Ordinance on Measures in Connection with the Situation in Ukraine".
"I wish to express my serious concern at the enforcement of restrictive measures against Ms. Melnichenko without any formal process of examination and presentation of evidence, which could be challenged before a court," said Alena Douhan, the Special Rapporteur on unilateral coercive measures and human rights.
"Considering the impact of such a designation on her life and human rights, and those of her immediate family members, and the consequences which may be commensurable to those of criminal penalties, Ms. Melnichenko has the unalienable right to enjoy all guarantees of due process and fair trial, including the presumption of innocence as well as access to effective remedy."
The expert said that the use of family ties as a sole ground for any type of responsibility can be qualified as a collective punishment prohibited by international human rights law.
Aleksandra Melnichenko's appeals to the Council to review her case and to remove her from the EU restrictive measures list reportedly failed and she was not given a clear response, the expert said. "In the absence of evidence substantiating an alleged wrongdoing or criminal act, family ties cannot not be used as grounds of responsibility in sanctions-related cases, otherwise they may be perceived as a collective punishment, which is prohibited by international human rights law," Douhan said.
Aleksandra Melnichenko also applied unsuccessfully to the Swiss Federal Department of Economic Affairs, Education and Research on 21 November 2022, requesting her removal from the Swiss sanctions list and correction of her personal data.
As well as financial consequences, she and her family reportedly face movement restrictions within the EU and are prevented from entering Switzerland, even though they have permanent residency. "I draw the attention to the possible multifaceted obstacles in access to justice by all those subjected to unilateral sanctions, including restrictions in legal representation and defense, access to information and evidence, inconsistencies in or complete lack of review process for such designations, and the absence of clear legal framework based on which such measures are decided and enforced."
The expert noted that impediments in the review of imposed unilateral sanctions may contravene not only the above-mentioned international law provisions, but also the EU Council's guidelines on the implementation and evaluation of restrictive measures in the framework of the European Union Common Foreign and Security Policy.
The expert has already shared her concerns with the European Union and the Swiss government.
