References: Constitution of Russia, Article 50

Criminal Procedure Code, 2002, Chapters. 43, 44

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Shortcomings of the Russian legislative and judicial systems result in mass appeals to the European Court of Human Rights.

References: nterview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

Criminal Procedure Code, Article 363

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

The opinion poll was conducted in 98 locations between June 3 and 9. RAGS approached 2499 people. Yuri Sidorenko, chairman of the Judicial Council, points out that the program is doing fine because some opinion polls in the past put the distrust level at 80 percent. ROMIR General Director Andrei Milekhin claims that opinion polls regularly indicate the public's distrust of all state institutions, save for presidency. Civil Force leader Mikhail Barschevsky says it will take profound reforms to make the judiciary a genuine branch of the government recognized by the public. As things stand, the judiciary is financed by the state, which doesn't tolerate too much independence.

Alena Ledeneva, University College London said: "How widespread is telephone justice in courts in Russia in general? In an all-Russia survey, almost one-third of respondents seemed satisfied with the workings of the courts (12 percent replied that all court decisions are made by law and 18 percent replied that only a few judges take bribes and are subject to pressure). More than half of the respondents, however, acknowledged the susceptibility of judges either to corrupt payments or other forms of pressure: 25 percent of respondents said that judges take bribes as a rule, although there are also principled judges, and a further 20 percent said that even these principled judges would react to pressure on particular cases. Seven percent said that 'all court decisions are made either for a bribe or under pressure from above.' " The remaining 18 percent were "don't knows."

Legal experts who I interviewed in Russia largely agree on the following formula. Although it is ridiculous to suggest that every court case in Russia is decided according to directives from above, means of influencing a particular case can be found when needed. In other words, pressure does not have to be pervasive to be fully effective. Moreover, the form of influence can be chosen according to the personality of a judge. Court chairmen have a variety of ways of dealing with non-compliant judges known for their personal integrity. Direct forms of influence might not even be necessary when dependent judges or court chairmen practice self-censorship the so-called chilling effect.

A judge of the Constitutional Court of the Russian Federation, Boris Ebzeyev, has accused Russian courts of attempts to ignore the Constitution.

"There is a threatening growth in the number of rulings by the Constitutional Court that are not implemented or are implemented badly. I have to say with a particularly great regret that some colleagues in the courts of general jurisdiction and arbitration courts are resorting to the most refined methods of creating legal loopholes while thinking it possible to ignore these rulings,"

References: "Citizens Don't Trust the Courts," Anastasia Kornya, Vedomosti daily, Aug. 9, 2007

Criticism on Moscow courts decisions by Olga Egorova, chairwoman of the Moscow City Court: [ LINK ]

"Medvedev's crackdown on corruption in courts," Alena Ledeneva, University College London, RIA Novosti news agency, May 29, 2008

"Russia Judge Complains That Ruling of Constitutional Court Are Being Ignored," Interfax, May, 23, 2008, [ LINK ]

Court marshals were repeatedly accused of sluggishness and corruption. The head of the Federal Service of Court Marshals, Nikolai Vinnichenko, admits this service is affected by corruption. He claims the fact Russia is number one in the number of complaints submitted to the Strasburg European Court on Human Rights has nothing to do with his service and points a finger at courts and the Ministry of Finance. Vinnichenko said his service cannot enforce the law because of a lack of funds and personnel. On the regional level, corruption is also admitted and discussed.

In 2007, the European Court of Human Rights ruled that Russia pay 4.3 million euros (US$5.5 million) in damages to illegally prosecuted Russian citizens, Prosecutor General Yury Chaika said in Moscow on May 27, 2008. "A large-scale inspection conducted by prosecutors last year uncovered numerous abuses of preliminary investigation procedures. The number of granted lawsuits seeking rehabilitation and the repayment of damages suffered through the fault of law enforcement agencies, increased from 419 to 538, while the sum recovered from the Russian treasury exceeded 94 million rubles (US$28.5 million)," Chaika told senior officials of the Prosecutor General's Office.

According to the European Court, 46 percent of court decisions on collecting money from the state are not enforced.

The Kremlin's critics have long claimed that the law in Russia is selectively applied and politically manipulated. In his multiple post-election public appearances, President Medvedev repeatedly emphasized his vision for Russia as a law-based society, where no one, including the highest government officials, is above the law, and where the courts and law-enforcement agencies strictly follow the letter and spirit of the law to protect the rights of Russian citizens, even when this is against the interests of state institutions.

Medvedev faces a legacy that will be difficult to overcome. Although Vladimir Putin came to power with a promise to institutionalize the "dictatorship of law," his rule was characterized more by selective application and creative law-making aimed at serving specific policy objectives, both in the economic and political spheres. In many cases, Putin and his team purposefully twisted the law to fit their purposes, and many of the legal novelties of the past eight years deserve careful revision, and perhaps even to be repealed.

Medvedev spoke forcefully against venality and called for harsh measures against corrupt government officials. He also indicated that he perceives a free media to be one of the tools that can help root out corruption and make government officials accountable to the public.

Russia's Prosecutor General Yuri Chaika, speaking at an enlarged meeting of the Russian Prosecutor-General's Office's leadership with regard to compensation of damage to people illegally charged with criminal responsibility, said that in 2007 alone, 5265 people were eventually exonerated after being wrongly charged. Thousands of people are illegally charged with criminal responsibility in Russia every year, he said. "It's self-evident that the reason for this lies in negligent investigation of criminal cases instituted without sufficient grounds, while charges are often based only on testimonies of witnesses," Chaika emphasized. He added that in actual fact, illegal accusations are slapped down on people who are put into custody.

"On perceiving this serious problem, we should explore in detail the situation and take adequate measures," he went on to say. "A great share of responsibility also rests with prosecutors, who should nip in the bud violations of human rights, no matter by which side they are made."

The Supreme Court of Russia in September 2008 introduced a draft law according to which any delays getting a fair trial and/or enforcing a court decision can be compensated by the state as an alternative to a addressing European Court of Human Rights.

A similar attempt was made in April 2008 by the Supreme Arbitration Court of Russia to regulate a procedure of getting compensation from the state for damage caused by public officials. Currently it's almost impossible, first, to have a court rule in favor of a company or an individual that lost property due to the activity or inactivity of certain public officials and, second, to have such compensation paid by the state.

The majority of appeals to the Russian human rights ombudsman is about the non-fulfillment of court orders, Human Rights Ombudsman Vladimir Lukin told Russian President Dmitry Medvedev on June 10, 2008. He said he daily received about 30,000 appeals from Russian citizens.

The court system "is the main source of complaints," Lukin said. "First and foremost, we have a problem with the fulfillment of court orders. Oddly, courts are power bodies but their orders are frequently ignored."

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"Strasbourg Court Obliges Russia to Repay Over 4 Million Euros to Illegally Prosecuted Citizens," Interfax news agency, May 27, 2008

Russia at the Strasbourg Court of Human Rights, [ LINK ]

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"Russia Profile Weekly Experts Panel: A Russia Ruled by Law?" Russia Profile, May 16, 2008

"Thousands of people illegally put on trial in Russia annually," ITAR-TASS news agency, May 27, 2008

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"Russians complain of neglect of court orders  human rights ombudsman," ITAR-TASS, June 10, 2008

What Russian citizens think of Russian justice system: [ LINK ]

What members of the Russian judiciary think of the Russian justice system: [ LINK ]

The application was signed by Anton Ivanov, chairman of the High Arbitration Court, and Maikova could not be reached for comment. "Ethical norms were broken in this apartment affair," Interfax quoted Ivanov as saying. "In cases such as this, we can speak of a breach of (judges') independence and impartiality."

In September 2005, a woman was sentenced for attempting to influence a court decision by making a telephone call about a property in central Moscow, pretending to be calling on behalf of the chairman of the Supreme Arbitration Court. Back then, in an interview with Parlamentskaya Gazeta, Maikova was asked: "How strong is 'telephone justice' in Russia? Is it hard for the court to be independent?' " She dismissed the idea as gossip and myth.

On July 16, 2008, the High Qualification Commission of the Supreme Court of Russia dismissed Ivanov's request for lack of argument. The outcome of next meeting of the commission, which was to take place on Nov. 7, 2008, was not known at press time.

References: Yes, the law guarantees this. Constitution of Russia, Article 120;

Federal law about the status of judges, N 3132-I, 1992, with amendments on April 14, 1993; June 21, 1995; July 17, 1999; June 20, 2000; Dec. 15, 2001; Aug. 22, 2004; April 5, 2005; March 2; and July 24, 2007, Articles 4, 9

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Chairman of the Supreme Court of Russia Vyacheslav Lebedev, talking with journalists on June 11, 2008, remarked that if pressure is put on a judge, he should report it immediately. "Is there pressure? Write an official report, and it will be turned over to the General Prosecutor's office immediately, the same day," he said, noting that he has not received a single such report in recent times.

Case study: Boev vs. Solovyev

A senior federal judge has testified in court that a Kremlin official threatened to derail her career if she did not reverse a ruling handed down against the Federal Property Fund. Yelena Valyavina, first deputy chairwoman of the Supreme Arbitration Court, told Moscow's Dorogomilovsky District Court that Valery Boyev, an adviser on personnel appointments in the presidential administration, said she would not be returned to her post if she refused to change her position, Kommersant reported on May 13, 2008. "I was told unambiguously [by Boyev] that if I wanted to be re-elected [to my position], I'd face problems," Valyavina testified as a defense witness on May 12, 2008 in a libel lawsuit filed by Boyev against radio news program host Vladimir Solovyov.

On the Solovyiniye Treli program on Serebryany Dozhd radio, Solovyov said there were "no independent courts in Russia," but there were "courts dependent on Boyev," Kommersant reported.

In her testimony, Valyavina said Boyev asked her in the fall of 2005 to change her ruling regarding the proper ownership of a share package in Tolyattiazot, the country's biggest producer of ammonia. She said Boyev made his threat when she refused to comply.

In 1996, the Samara region's Property Fund sold a 6.1 percent stake in Tolyattiazot to joint Russian-Swiss agricultural company Tafco. In March 2004, the Federal Property Ministry appealed the deal. After having its first two attempts turned down, a third appellate court ruled that the Tolyattiazot deal should be voided. The Supreme Arbitration Court overturned that ruling in November 2005. Boyev dropped the lawsuit before a scheduled May 26 hearing in which Solovyov's lawyer, Shota Gorgadze, said three more high-level judges from across Russia were expected to testify as witnesses.

References: Tomara Morshakova, former deputy chief justice of Russia: [ LINK ]

"Courts Are Not Trusted," Anastasiya Kornya, Vedomosti daily, Aug. 9, 2007

"Judges Are Being Put on Blacklists," Yekaterina Butorina, Vremya Novostei daily, June 12, 2008

"Judge Tells of Kremlin Threat," Natalya Krainova, The Moscow Times daily, May 14, 2008, [ LINK ]

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On a scandalous appointment of the head of a regional department of the Court Department of the Supreme Court of Russia, despite the fact that judges were against it: [ LINK ]

References: [ LINK ]

Legal commentary on this situation: [ LINK ]

On May 19-29, 2008, Leandro Despouy, the UN's special rapporteur on the justice system, came to Moscow to evaluate Russia's justice system.

"Despite the fact that there is substantial progress in some aspects (of judicial reform), it has not moved forward as much as one would have expected," Despouy, on his first visit to Russia in the rapporteur's role, told a news conference before leaving Russia. Problems with the Russian justice system that Despouy highlighted in a preliminary report include:

 Reports of judges being pressured to hand down decisions that suit officials' political agenda.  A lack of transparency in the selection of judges and a practice of drawing most judges from the ranks of state prosecutors or court officials, not defense lawyers.  Pressure applied to defense lawyers because of their professional activity. (There have been a number of cases of lawyers facing disciplinary action or even prosecution after defending clients who have fallen out with the authorities.)  A proposal to amend the law on the status of defense lawyers "may threaten their independence" by allowing officials to withdraw their license to practice.

Case study: Lyudmila Maikova, Chairperson of Moscow Arbitration Court It is extremely rare for a senior judge to face disciplinary proceedings. However, on May 12, 2008, Anton Ivanov, chairman of Supreme Arbitration Court of Russia and a former university classmate of President Medvedev's, filed a request to have Lyudmila Maikova, chairwoman of the Federal Arbitration Court in the Moscow District since 1995, suspended from her duties for "damaging the authority of the judicial branch and the reputation of the judiciary," Kommersant daily reported. Ivanov's request said Maikova, who had been on the bench in a number of legal disputes involving the city government, received help from City Hall in 2004 to swap her own apartment for two others and to buy another from a developer at less than market price.

The application was signed by Anton Ivanov, chairman of the High Arbitration Court, and Maikova could not be reached for comment. "Ethical norms were broken in this apartment affair," Interfax quoted Ivanov as saying. "In cases such as this, we can speak of a breach of (judges') independence and impartiality."

In September 2005, a woman was sentenced for attempting to influence a court decision by making a telephone call about a property in central Moscow, pretending to be calling on behalf of the chairman of the Supreme Arbitration Court. Back then, in an interview with Parlamentskaya Gazeta, Maikova was asked: "How strong is 'telephone justice' in Russia? Is it hard for the court to be independent?' " She dismissed the idea as gossip and myth.

On July 16, 2008, the High Qualification Commission of the Supreme Court of Russia dismissed Ivanov's request for lack of argument. The outcome of next meeting of the commission, which was to take place on Nov. 7, 2008, was not known at press time.

References: Constitution of Russia, Article 121

Federal law about the status of judges, N 3132-I, 1992, Articles 11, 13, 14, 15, with amendments on April 14, 1993; June 21, 1995; July 17, 1999; June 20, 2000; Dec. 15, 2001; Aug. 22, 2004; April 5, 2005; March 2 and July 24, 2007

"Russia urged to reform justice system, Reuters, May 30, 2008

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On the removal on national-level judges, [ LINK ]

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References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

An opinion on jury trials in Russia

In mid January 2008, a Moscow Oblast Court jury acquitted Roman Polusmyak for the second time. In the presence of a large number of witnesses, he killed a young Armenian man on a commuter train, then, in the interval between acquittals, managed to attack a Dagestani as well.

The "court of the street," as the great Russian jurist Anatoliy Koni called trial by jury in a positive sense, is being transformed into "street justice" that reflects all the fears, prejudices, xenophobia and stupidity of the common man. It has become a miniature replica of the mass consciousness that, for example, does not like foreign spies and hates the "natives."

And so juries acquited the murderers of a Tajik girl and view scientists who disseminate information about known-to-all-to-be-guilty perpetrators of serious state crimes.

In this case we are not talking in particular of xenophobic sentiments. In the era of Putin stability, notable for unprecedented nationalism that is now enshrined even in the highest level of government and for a serious indifference on the part of the public toward what is happening in the country, reports of an Armenian, a Tajik, a Vietnamese, an Indian or an Azerbaijani being murdered have become commonplace in news headlines. . The absence of irreversible punishment is part of that problem, a factor that contributes to the increase in the number of ethnically motivated crimes.

A jury is made up of the people. Why should jurors decide any differently than would the majority that secretly, or openly, wants to drive out the "aborigine," and do so by any means necessary, including beatings, derision, murder and extra-judicial vengeance.

Today, society supports those in power. And those in power in our country do not like spies and visitors from neighboring republics. Why, then, should the people like them, either?

Simply by getting their hands on such a powerful weapon for "speaking" his opinion as a jury, the ordinary citizen utilizes it as best he can: to acquit the poor boy who is unhappy with the stranglehold of the "blacks."

References: Henry Reznik, chairman of the Moscow Bar Association and a member of the Public Chamber of Russia, [ LINK ]

"Street Justice," commentary by Andrey Kolesnikov, Gazeta.ru news website, Jan. 29, 2008

Peer Review Comments: There is a bias against citizens of the Russian Federation who are of non-Russian origin, especially those who come from the Caucasus and Central Asia.

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

References: Constitution of Russia, Articles 46, 48

"The Treasury Will Pay for Everything, Boris Yamshanov, Rossiiskaya gazeta daily, Oct. 5, 2007, [ LINK ]

Russian prosecutors transferred to courts more than 277,000 lawsuits related to protecting citizens' rights in 2007, Russian Deputy Prosecutor General Aleksandr Zvyagintsev said on April 22, 2008, at a meeting with Luc Van den Brande and Theodoros Pangalos, the PACE (Parliamentary Assembly of the Council of Europe} rapporteurs who are preparing a report on the honoring by Russia of its Council of Europe obligations.

"The guests have been told that in 2007, 2 million citizens appealed to the prosecution agencies, and almost a quarter of the appeals were satisfied. In the area of labor relations alone, prosecutors identified over 716,000 violations of the law. Adequate prosecution measures were taken regarding all violations of the law, and, in particular, more than 277,000 lawsuits and applications were transferred to court for defending citizens' rights that had been violated," says a message of the Russian Prosecutor General's office, posted at its website. It was mentioned during the conversation that "the most vulnerable and poor categories of people, who cannot afford to hire a qualified lawyer to protect their interests in court, most often appeal to prosecutor's offices, asking to help them defend their rights. Prosecutor's offices defend citizens' rights free of charge, and in a speedy and efficient manner," the document says.

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow).

"The Treasury Will Pay for Everything, Boris Yamshanov, Rossiiskaya gazeta daily, Oct. 5, 2007, [ LINK ]

"Over 2 million Russians appealed to prosecutors in 2007  deputy prosecutor-general," Interfax news agency, April 23, 2008

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See more on the Ministry of Justice initiative to provide free legal counsel for defendants who can't afford it: [ LINK ]

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

References: Interview with Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

Peer Review Comments: An additional obstacle is the lack of user-friendly judicial system information available to inhabitants of areas remote from the large cities.