From: MSN NicknameEagle_wng  (Original Message)    Sent: 8/30/2007 2:52 AM
International Herald Tribune
 
The Russians and the courts
 
By Iva Savic

Friday, August 10, 2007
 
"The source of Russia's well-being and prosperity is the people of this country. It is the state's duty to ensure that this principle is reflected in deed and not just in word. I believe that this is one of the priority tasks we face today and that we cannot resolve this task unless we ensure the rights and liberties of our citizens, organize the state itself effectively and develop democracy and civil society."

- President Vladimir Putin in his 2006 State of the Nation Address.

Seven years ago, Yusup Musayev witnessed the killing of seven relatives during a Russian military mop-up operation in Novye Aldy, Chechnya. It was just one of the many tragedies that took place on Feb. 5, 2000, when more than 50 civilians lost their lives. Since then, the Russian judiciary has shown little interest in identifying the culprits, despite an abundance of evidence.

Last month, the European Court of Human Rights brought some closure for the Chechen families who lost loved ones on that bitter day and found the Russian Federation liable for the killings. The human rights court accused the Russian court system of acquiescence to the crimes committed, a charge that can be increasingly applied to other cases in Russia today.

Musayev and Others v. Russia is one of the growing number of Russian cases at the European Court of Human Rights. Since Russia's accession to the European court in 1998, its citizens have increasingly been making use of the new venue for seeking justice. The rights court's documents show that as of Jan. 1, 2007, of some 90,000 cases pending in the court, approximately 20,000 now originate in Russia. More than 10,500 applications were logged in 2006 alone, double the 2003 figures and an increase of more than 400 percent over 2000.

These staggering numbers are even more worrisome when the severity of the violations they address is considered. The list of Russian cases heard by the court is heavily dotted with accusations of extrajudicial executions, disappearances, torture and unlawful detention - most of which originate in the turbulent North Caucasus republics. Among the decisions reached in 2006, Russian cases made up approximately a third of all of the grave violations of the right to life and prohibition of torture.

The most frequent remedy ordered by the European rights court is payment of compensation to victims and their families. Interestingly, the Russian government usually pays - albeit grudgingly. "We consider some rulings of the European Court to be politicized . . . but despite the fact that we do not agree with certain rulings of the court in principle, we do comply with them," says Russia's foreign minister, Sergei Lavrov.

Yet Russia makes little apparent effort to prevent further violations. With a few exceptions, little has been done to arrest and remove guilty parties responsible for the violations the European rights court has confirmed. It has taken the authorities four years to question perpetrators such as General Aleksandr Baranov, who has been identified on camera ordering the execution of a wounded civilian, and has been awarded a "Hero of Russia" medal.

Moreover, intimidation is growing. Boris Kuznetsov, a prominent defense lawyer who served in a number of high profile cases against the state, has been accused of passing state secrets and has fled the country in recent days. Increasingly, applicants to the rights court report being targets of verbal treats or violence, to deter them from proceeding with their cases.

On a legislative level, officials of Russia's Supreme and Constitutional Court are working towards creating a body that will review citizens' complaints against the state regarding violations of human rights, before they reach the European rights court. Russian lawyers and human rights activist have expressed fear of this becoming yet another tool obstructing the ability of Russian citizens to use the European court.

As the European court is overwhelmed by the number of cases arriving at its door, the Council of Europe recently decided to help improve Russia's ability to handle the cases. On April 25, 2007, the Council of Europe, in concert with the European Commission, announced a project dedicated to improving the Russian justice system. Over the next 3 years, 11,500 personnel from the judiciary and military will undergo training on the proper administration of justice.

As useful as this assistance may be, the problem is not a lack of legal knowledge among Russia's institutional players but rather their disregard for the rights of their fellow citizens. What is needed is political decision by the Russian leadership to strengthen the rule of law.

Thanks to its energy resources, Russia now commands abundant wealth that could be used to strengthen the pillars of a democratic system - including its judiciary. Since attaining "mature democracy" and a "free society of free people in Russia" are notions consistently supported by Putin, adequate investment appears to be called for and available.

In 2006 alone, more than 10,000 Russians declared that it was impossible to find justice within the Russian system when they reached out to the International Court. It is these figures, not the love or dislike of western policies, that should prompt Russian officials to analyze the issue and address the problem.

Improvements can be made in a variety of ways, such as addressing corruption by raising salaries or empowering civil society groups to monitor institutional adherence to the law, as well as training military, police and judicial personnel on human rights principles and law.

Whatever path the Russian authorities choose to address this issue, success will be contingent on the internal commitment to reform, not the level of European assistance. However, Russia can count on the European rights court, and its reports on the number of Russian applicants, to continue serving as a barometer of progress.

Iva Savic heads Freedom House's American Committee for Peace in the Caucasus.

http://www.iht.com/articles/2007/08/10/opinion/edsavic.php?page=1