UN human rights expert: Family ties cannot be grounds for joint sanctions

Vincent Tremeau

Andrei · Melnichenko is a Russia billionaire and founder of the Eurochem Group and Siberian Coal Energy Company. After Russia's full-scale invasion of Ukraine in 2022, he was sanctioned by the European Union, Switzerland and other Western countries, including asset freezes, travel bans and restrictions on his companies. To protect the company, Melnichenko resigned from his leadership position, although he denied political ties to Putin. His assets, including a $600 million superyacht, were seized, and his wealth and international business activities were severely restricted.

On June 3, 2022, the Council of the European Union sanctioned Alexandra · Melnichenko for being "linked" with her husband, accusing her of using and benefiting from her husband's wealth and having a common economic interest with her.

In March, the Council of the European Union upheld the sanctions against her, and Switzerland subsequently added her to the sanctions list under the Regulation on Measures relating to the Situation in Ukraine.

Family ties cannot be grounds for sanctions

The UN Special Rapporteur on unilateral coercive measures and human rights, · Duhan (Please check UN Terms platform for names and places), expressed concern that the imposition of unilateral sanctions against Alexandra · Melnichenko without formal review and disclosure of evidence has seriously affected her and her family's lives and basic human rights.

Du Han noted that the consequences of sanctions are comparable to the imposition of criminal penalties, and that Melnichenkovs enjoy all human rights guarantees, including the right to due process and a fair trial, including the presumption of innocence and access to effective judicial remedies.

Du Han further stressed that the mere use of family ties as a basis for sanctions constitutes in fact collective punishment that is expressly prohibited under international human rights law. In the absence of evidence to substantiate wrongdoing or criminal acts, family relations cannot be used as a basis for sanction in the relevant case.

Judicial remedies are difficult

Alexandra · Melnichenko has repeatedly appealed to the Council of the European Union to re-examine and remove it from the sanctions list, but has not received a clear answer. Similarly, she applied to the Federal Ministry for Economic Affairs, Education and Research of Switzerland to remove her name from the sanctions list, but was refused.

In addition to the economic impact, Melnichenkovs and their families face mobility restrictions preventing them from entering Switzerland, even if they have permanent residency.

In particular, Du Han noted that those subject to unilateral coercive measures face multiple obstacles in seeking judicial redress, including difficulties in obtaining legal defenses, relevant information and evidence, a non-transparent sanctions review process, and a lack of a clear legal framework for determining and enforcing such measures.

She said that these obstacles could not only violate international law, but also the EU's own guidelines on the implementation and evaluation of restrictive measures.