Russia
Can the European Court’s Pilot Judgment Procedure Help Resolve Systemic Human Rights Violations? Burdov and the Failure to Implement Domestic Court Decisions in Russia
By Philip Leach, Helen Hardman and Svetlana Stephenson. This article was published in Human Rights Law Review (2010) 10(2): 346-359 and can be read (subject to access rights) here.
The ones that lost: Russian cases rejected at the European Court
By Grigory Dikov. This article was first published in Russian on www.polit.ru. The English version was produced by www.opendemocracy.net/russia and is posted here with the kind permission of Open Democracy and the author.
The ones that lost_Russian cases rejected at the ECtHR Gregory Dickov.pdf
Allegations of politically-motivated abuses of the criminal justice system in Council of Europe member states
This report by the PACE Committee on Legal Affairs and Human Rights contains an analysis of the state of the criminal justice system in Russia.
Available at: http://assembly.coe.int/CommitteeDocs/2009/20090623_abusesJUR_E.pdf
Russia and International Law
[Oct 2008] By Prof. Bill Bowring, The EU-Russia Review, Issue 8
This article focuses on the present condition and likely future trajectory of the international legal relations between Russia and the European Union (EU).
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Russia and International Law |
Tensions Multiply between Russia and Council of Europe: Could the Malaise be Terminal? [April 2008] By Prof. Bill Bowring, The EU-Russia Review, Issue 6, pp. 4-12
This article traces the further deterioration of relations between the Russian Federation and the ECtHR. It uses as illustrations the Aleksanyan (YUKOS) case, and the Russian Federation’s relationship with PACE in the context of presidential elections in the Russian Federation.
Available at: eu-russiacentre.org/assets/files/Review_FINAL16March_08.pdf
Russia in a Common European Legal Space - Developing effective remedies for the violations of rights by public bodies: compliance with the European Convention on Human Rights [2005] By Prof. Bill Bowring, The Uppsala Yearbook of East European Law, pp. 89-116
This article critically evaluates Russia’s attitude to the ECHR, and whether Russia’s adoption of these rights has actually resulted in an improvement in the human rights situation in Russia. The promises and actions of the Russian government have not, in the opinion of the author, translated into justiciability of rights at the ground level. The problem is partly the Russian government’s lack of commitment to the treaty, but more importantly the dependence of the Russian judiciary on the political hierarchy. The author concludes saying that despite the government’s statements of support of the ECHR, and marginal improvement in access to justice, Russia will struggle to comply with its obligation to the Council of Europe.
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Russia in a Common Legal Space
‘Rejected Organs? The Efficacy of Legal Transplantation and the Ends of Human Rights in the Russian Federation’ [2003] by Bill Bowring in Judicial Comparativism in Human Rights Cases, pp. 159-181, Ed. Esin Orucu
This article considers the effect of the ECHR on the Russian legal system. It illustratively explains the possible consequences of transplanting legal rules from one jurisdiction to another, and critically analyses both the positive and negative assumptions of this process. It uses Russian legal history, in relation to current attempts at transplanting into Russian legal systems, to argue that legal comparisons must be made without losing sight of the historical development of the laws being compared, and that this usually adds depth to debates on the propriety of legal systems.
Strasbourg's Oversight of Russia - an Increasingly Strained Relationship By Philip Leach, [2007] P.L. Win, 640-654, (c) Sweet & Maxwell and Philip Leach, available via www.westlaw.com
This article discusses Russia's position as regards the implementation of European Court of Human Rights case law. It considers the non-enforcement of domestic judicial decisions against the state, the quashing of binding judicial decisions due to the Russian supervisory review procedure of nadzor, the failure of judicial review of detention and inadequate prison conditions, and the actions of Russian security forces in Chechnya. It also comments on the significance of Russia's failure to secure the release of the applicant in Ilascu v Moldova (48787/99) despite a clear decision by the Grand Chamber that it should be done immediately.
Judgment of the Russian Constitutional Court on Supervisory Review in Civil Proceedings: Denial of Justice, Denial of Europe By Kirill Koroteev and Sergey Golubok, Human Rights Law Review, Vol. 7, No. 3, pp 619-632
This article analyses the recent judgment of the Russian Constitutional Court concerning the constitutionality of the supervisory review procedure (nadzor). Nadzor is a form of extraordinary appeal against a final judicial decision inherited by Russia and other former Soviet bloc states from Soviet law. The article also examines the possible outcomes of this judgment for relations between Russia and the Council of Europe and for the place of the European Convention and its case law in Russian law.
Russia’s Relations with the Council of Europe Under Increasing Strain By Professor Bill Bowring. First published on the website of the EU-Russia Centre, www.eu-russiacentre.org in February 2007
The author examines Russia’s relations with the Council of Europe and argues that these have deteriorated significantly over the past few months.
Implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms in Russian Courts By A.L. Burkov, Russian Law: Theory and Practice, No 1, 2006.
An insight into the extent to which Russian courts at all levels are willing to consider Convention based arguments, and apply the Convention along with its accompanying case law.
The full article (3.8Mb) can be dowloaded from: http://www.sutyajnik.ru/rus/library/articles/2006/russian_law_2006.pdf
In Russia, Grim Case Spotlights Distress of Justice Denied
By Guy Chazan, The Wall Street Journal, April 26, 2006
The story of Alexei Mikheyev, who won his case against the Russian Federation at the European Court of Human Rights after he suffered wrongful arrest and torture, driving him to jump out of a window and break his spine.
There's good stuff happening in Russia, too
By Jonathan F. Fanton, The Boston Globe, November 3, 2005
The author contests the Western media's exclusively negative coverage of Russia. He cites the changes underway in higher education and improvements in prison conditions as examples of positive progress.
Reforming the Bear
Angus Roxburgh, BBC, first broadcast in October 2005
Part One tackles key figures in the government and the judiciary about access to justice, the reintroduction of jury trials - last held in Russia under the Tsars - and the independence of the judiciary. Part Two investigates whether Russia has a stable business environment.
Russia put to test on human rights
Philip Leach. This article was first published in The Times on 12 July 2005.
"The nation must comply with a series of binding court judgments. Its response will be very revealing."
Tax Agency Targeting Human Rights Group
This article first appeared on http://eng.kavkaz.memo.ru/ on 21 June 2005
Russian-Chechen Friendship Society owes an additional 1 million roubles according to the Russian tax agency. This isn't the first time they've been targeted.
No incitement to terrorism in Pravo Zashchita publications
This article first appeared on the website http://www.kavkaz.memo.ru/ on 20 June 2005 in Russian.
Linguistic analysis was called in to help decide whether or not Pravo Zashchita publications were intended to stir up violent unrest. Pravo Zaschita is published by the Russian-Chechen Friendship society, the organization targeted in the following article.
The Development of a System of Administrative Justice in Russia
Bill Bowring
This report sets out the basic features of the systems of administrative justice in nine European jurisdictions and has recommendations for the Russian Federation.
Putin's triumphant re-election: a victory for what?
Bill Bowring
"What is the meaning of the triumphant recent re-election of Vladimir Vladimirovich Putin as President of the Russian Federation? Is there now a dictatorship in Russia? What can we discern as to Putin's real motivation and policies?"
