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The Legal Order of the Russian Federation and the Council of Europe Standards*
Abstract
This article
surveys the decisions of the European Court of Human Rights on the merits of
cases involving the Russian Federation, as well as decisions on admissibility of
cases for which a decision is pending, during the entire period during which
Russia has submitted to the Court’s jurisdiction. The cases are grouped by the
Articles of the European Convention on Human Rights claimed to have been
violated: the right to a fair and speedy trial; the right to finality of
judgments, freedom from degrading treatment, the right to liberty; and right to
respect for private life. An analysis of 12 judgments and over 50 preliminary
decisions on admissibility indicates a fundamental misunderstanding by the
Russian Federation of its obligation to reform its judicial system and provide
for the domestic protection of human rights.
The
article concludes that the Russian Federation’s laissez-faire attitude towards
Human Rights reform resulting in its continued failure to provide fair and
speedy justice, protect political and property rights, and fairly resolve ethnic
and national conflicts, will not be remedied unless Russia actively internalises
the decisions of the Court.
Read the article (PDF file 253 kb)
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The authors are
Anton Burkov, Douglas Kramer, Anna
Demeneva,
and
Ludmila Churkina.
the editors are Anton Burkov, Douglas Kramer, and Judith Ahrens. Anton Burkov,
Anna
Demeneva,
and
Ludmila Churkina
are legal officers
with the Urals Centre for Constitutional and International Human Rights
Protection of the NGO Sutyajnik (Yekaterinburg, Russia); Contacts:
t./f.:+7-343-355-56-31; burkov@sutyajnik.ru; www.sutyajnik.ru. Mr Kramer and Dr
Ahrens are working at the Urals Center as volunteers from the International
Senior Lawyers Project (New York, USA),
www.islp.org. |
