Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? Migrant workers are often exposed to unsafe or exploitative working conditions. US sanctions gold companies suspected of supporting - The Independent The judge must not carry out any other function, whether public or private, paid orunpaid, that is not fully compatible with the duties and status of a judge. Judiciary Committee ranking member Rep. Jerry Nadler (D-NY) pointed this out in a blistering opening statement before Durham was sworn in. Antiterror legislation approved in 2016 grants the authorities power to repress religious groups that are deemed extremist. The July murder of activist Yelena Grigoryeva brought to public attention the existence of hate group Saw, which circulates an online hit list of advocates; Grigoryevas name was added days before she was killed. The Committee remains concerned that, despite the reforms undertaken and the progressmade during the reporting period, through, inter alia, the amendments in the Judges Act, theadoption of the Judicial Council Act, the establishment of the statute of the Judges SelectionCommittee, the Code of Ethics for Judges, the State partys judiciary does not appear to be fullyindependent from the executive branch or from political pressure. The Russian reforms began in the late 1980s and lasted through the . Allegedly, some judges provide services to organizations and individuals, for example accepting bribes to expedite the consideration of a case or to make a particular decision. A charge or complaint made against a judge in his-her judicial and professional capacity shall be processed expeditiously and fairly under an appropriate procedure. Box 1740 The Central Electoral Commission reported a turnout of 48 percent, the lowest in Russias post-Soviet history. Decisions in disciplinary, suspension or removal proceedings should be subject to an independentreview. PDF Supporting ruSSia'S Judicial reform: innovation, efficiency, and The head of Memorials Chechnya office, Oyub Titiyev, was detained for alleged possession of illegal drugs in January 2018 and sentenced to four years in prison that March, before he was paroled in June. 76. Conservative Court, Moderate Decision - The New York Times A new ICJ report concludes that a comprehensive reform of the system judicial appointments and promotions, as well as of other aspects of the judicial system, is essential to ensure that the judiciary in Russia is independent and able to be an effective guardian of the Rule of Law.. In 2017, Putin signed a law that decriminalized acts of domestic violence that do not result in permanent physical harm. The International Court of Justice has ordered Russia to stop the war Russia's legal regime is unlikely to undergo major evolutionary change and may outlive Putin's tenure: both foreign and domestic pressures for change toward constitutionalism are limited. Inthe Special Rapporteurs view, if the body is composed primarily of political representativesthere is always a risk that these independent bodies might become merely formal or legalrubber-stamping organs behind which the Government exerts its influence indirectly. Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? Only 2 of 29 cabinet members are women. (a) The judiciary shall have jurisdiction, directly or by way of review, over all issues of a judicial nature, including issues of its own jurisdiction and competence. A crackdown on Jehovahs Witnesses expanded in 2019, with worshippers receiving long prison sentences under anti-extremism laws. Many Russians have consequently sought justice from international courts, but a 2015 law authorizes the Russian judiciary to overrule the decisions of such bodies, and it has since done so . Russia: Freedom in the World 2022 Country Report | Freedom House Rue des Buis 3 For committing a disciplinary offence (a violation of the norms of the present Law, as well as of the provisions of the Code of Judicial Ethics approved by the All-Russia Congress of Judges), upon the judge, with the exception of the judges of the Constitutional Court of the Russian Federation, may be imposed a disciplinary punishment in the form of: a pre-schedule termination of the judges powers. [16], Furthermore, the prosecution services said to be the least reformed institution in Russia since Soviet times retain undue influence in criminal proceedings. Malta's effort not enough against a superior German side. Ingush protesters faced intimidation and arrests to protest the protocol in March 2019. Russia's judiciary facilitated the government-led scheme to take over Yukos oil company, imprison Mikhail Khodorkovsky and his fellow executives, and claim that these actions were legitimate. He served two four-year presidential terms from 2000 to 2008, then remained the de facto paramount leader while working as prime minister until he returned to the presidency in 2012, violating the spirit if not the letter of the constitutions two-term limit. The ICJs interlocutors also stressed the fact that as judges are aware of the expectations of a particular outcome in a case over which they preside regardless of the evidence, there is often no need to give direct instructions. A 2010 ICJ mission learned that the phenomenon of telephone justice remained widespread: reportedly, judges are often as a matter of routine directly instructed by the court president how to resolve a specific case. [23] The court president or Body of the Judicial Community that makes the recommendation does not appear to be required to present a legal assessment of the facts. The lack of a common understanding or interpretation of the grounds for disciplinary responsibility, which in any case are too vague, and the often-arbitrary application of sanctions undermine legal certainty.[51]. Superior courts should not address instructions to judges about the way they should decide individual cases, except in preliminary rulings or when deciding on legal remedies according to the law. Courts and Transition in Russia: The Challenge of Judicial - JSTOR var part1 = "info"; Most importantly, the composition of the Qualification Collegium, in combination with the role of the court president therein and the flawed procedure that does not guarantee equality of arms, entail that the right of a judge accused of misconduct to a fair hearing before an independent and impartial body is not always respected. The judiciary lacks independence from the executive branch, and career advancement is effectively tied to compliance with Kremlin preferences. The government continued its relentless campaign against NGOs in 2019. Even in cases where it does not impose a disciplinary penalty, the Collegium can still draw the judges attention to the legal and ethical norms it considers that the judge has violated, if it considers that there is sufficient reason to do so. It is indivisible. A permanent appointment should only be terminated in cases of serious breaches of disciplinary or criminal provisions established by law, or where the judge can no longer perform judicial functions. Dozens inside busy pizza restaurant injured in missile attack Judges shall be protected from the harassment of personal litigation against themin respect of their judicial functions and shall not be sued or prosecuted except underan authorization of an appropriate judicial authority. 37. In May, Maksim Lapunov became the first survivor of a previous 2017 crackdown to file charges at the ECHR, after efforts to have his case heard in Russia failed. Working with the institutions at hand at the end of the Soviet era, Russia's rulers established four judicial systems: the Constitutional Court, which had its While respecting the hierarchy between the courts of first instance and higher courts, international standards clarify that other judges must also respect the independence of their colleagues within the scope of the exercise of judicial functions: No one must give or attempt to give the judge orders or instructions of any kind, that may influence the judicial decisions of the judge, except, where applicable, the opinion in a particular case given on appeal by the higher courts. Chechen leader Ramzan Kadyrov is accused of using abductions, torture, extrajudicial killings, and other forms of violence to maintain control. Judges should be guided in their activities by ethical principles of professional conduct. The Kremlin retaliated days after the election, raiding 42 regional offices of Navalnys Anti-Corruption Foundation (FBK) and the homes of many of its regional coordinators. Memorial counted 305 people as political or religious prisoners at the end of 2019, a marked rise from its 2018 count of 195 prisoners. The authorities arrested at least 12 guards at the prison after a public outcry, but the NGO Public Verdict reported systematic abuse at another prison in the region in December. Adults must carry internal passports while traveling and to obtain many government services. [20] Under the law, three types of disciplinary sanctions can be imposed: a warning, a reprimand and the early termination of a judges office (i.e., dismissal). We would like to show you a description here but the site won't allow us. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected. 4. In the performance of the judicial duties the judge must be impartial and must so be seen. Judges should act independently and impartially in all cases, ensuring that a fair hearing is given to all parties and, where necessary, explaining procedural matters. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions. [12]Decisions and sanctions in disciplinary proceedings should be subject to independent judicial review (although this may not apply to decisions of the highest court or the legislature in impeachment proceedings). Promoting Links between the Russian Judiciary and Civil Society . Law on the Bodies of the Judicial Corps in the Russian Federation. Russia Ukraine war news today. LGBT+ people are also subject to considerable discrimination, which has worsened in the last decade. The judge must perform his or her duties with restraint and attention to the dignity of thecourt and of all persons involved. Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 1. Authorities actively targeted journalists outside of Moscow throughout 2019. Judges individually shall be free, and it shall be their duty, to decide matters before them impartially in accordance with their assessment of the facts and their understanding of law without any restrictions, influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Authorities responded by arresting over 1,400 people. Freedom of religion is respected unevenly. iv) they should discharge their duties without favouritism and without actual or apparent prejudice or bias. The Russian Orthodox Church has a privileged position, working closely with the government on foreign and domestic policy priorities. The three main Kremlin-approved opposition partiesthe Communists, LDPR, and A Just Russiawon the bulk of the remainder, taking 42, 39, and 23 seats, respectively. But negative change is also possible. [48] However the law now requires[49] that disciplinary action must be taken within two years of the time of the alleged misconduct or six months from the moment the misconduct became known, provided that this knowledge is attained within two years of the alleged misconduct. This principle may not apply to the decisions of the highest court and those of the legislature inimpeachment or similar proceedings. Legal protections against labor exploitation are poorly enforced. The judiciary lacks independence from the executive branch, and judges' career advancement is effectively tied to compliance with Kremlin preferences. [50], On a number of issues, however, the Russian judicial disciplinary system remains at odds with international standards. Regulations on the Operation of the Qualification Collegium of Judges, Article 16.4. Integrity is essential to the proper discharge of the judicial office. Commissioners from Middle East & North Africa, Part Three: from the 1990s into the 21st century, Americas: ICJs presence in Central America. John H. Durham, the Trump-era special counsel, criticized the F.B.I. (b) No ad hoc tribunals shall be established to displace jurisdiction properly vested in the courts. The meetings of the judicial qualification assemblies may be attended, with the right to express their opinion on issues of the agenda, by chief judges and deputy chief judges, heads of the Judicial department under the Supreme Court of the Russian Federation and of bodies incorporated within its system, chief judges and deputy chief judges of judicial councils, other judicial qualification assemblies or their representatives. It is concerned, however, at the failure to establishan independent body to safeguard the independence of the judiciary and to supervise theappointment, promotion and regulation of the profession (article 14 of the Covenant). PDF The Jury As Part of The Russian Judicial Reform of 1864 In December, Putin again tightened his grip on the press by signing legislation allowing the government to declare journalists who work for outlets identified as foreign agents as foreign agents themselves. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. Only the state may seek to establish the civil liability of a judge through court action in the event that it has had to award compensation. The Committee is concerned about the absence of adequate guarantees for theindependence of international judges and prosecutors. 17. The State party should increase efforts to combatcorruption, in particular within its judiciary, by investigating promptly andthoroughly all incidents of suspected corruption. The Russian judiciary serves a populace that is spread over 11 time zones, including high-profile cities like Moscow and St. Petersburg as . This and other rule changes were considered to have contributed to United Russias supermajority in 2016. 1211 Geneva 1, Switzerland, T +41 (0)22 979 38 00 As regards the rules of conduct of every judge, the CCJE is of the opinion that: i) each individual judge should do everything to uphold judicial independence at both the institutional and the individual level. // -->, Bangkok Office: +66 261 984 77 [41], The admission of evidence is virtually unregulated, and left to the discretion of the Qualification Collegium. Chechnya remains particularly dangerous for LGBT+ people, with authorities launching a crackdown in January 2019 that ensnared nearly 40 people. Stalinist-era historians have faced pressure from the regime. [36], Many of the ICJs interlocutors during a 2012 mission to Russia made unfavourable comparisons between the disciplinary procedure before the Qualification Collegiums and court procedures that adequately safeguard the right to a fair trial. Russia's Fading Judiciary | The National Interest Investors Need Independent Judiciary - The Moscow Times In the run-up to 2019s local elections in Moscow, the authorities pursued numerous legal cases, collectively known as the Moscow Affair, in order to discourage protests. The police then confiscated Nikishins hard drive and cell phones. Where this is not ensured in other ways that are rooted in established and proven tradition, judicial administration and disciplinary action should be carried out by independent bodies, that include substantial judicial representation. A judge shall not sit in a case where a reasonable apprehension of bias on hispart or conflict of interest of incompatibility of functions may arise. A judge against whom proceedings have been initiated by the judicial qualification assembly shall have the right to familiarize himself with materials available with the judicial qualification assembly and submit his objections and remarks. Russia in Search of an Independent Judiciary | Wilson Center Sometimes, in the absence of a prescribed standard of proof, obviously flawed evidence that would not be permitted in other legal proceedings is considered admissible and ultimately, it is left to the Qualification Collegium to decide if the evidence is sufficient to prove misconduct.[42]. There shall always be a right of appeal from such tribunals to a legally qualified appellate court or tribunal or a remedy by way of an application for annulment. Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. The countrys leadership is also closely intertwined with powerful economic oligarchs, who benefit from government patronage in exchange for political loyalty and various forms of service. By Charlie Savage Reporting from Washington John H. Durham, the . Thus, whether to call or question a witness is left to the discretion of the Collegium. (g) No power shall be so exercised as to interfere with the judicial process. LGBT+ residents and activists were targeted with renewed campaigns of violence and intimidation. Judges shall be subject to suspension or removal only for reasons of incapacity or behaviour thatrenders them unfit to discharge their duties. Crimean Tatars accused of membership in Islamist group Hizb ut-Tahrir, which is banned in Russia but not in Ukraine, were tried by Russian courts throughout the year; at least 20 were handed prison terms by years end. 4. Half of Duma members are elected by nationwide proportional representation and the other half in single-member districts, with all serving five-year terms. Judges shall be criminally liable in ordinary law for offences committed outside their judicial office. Now, for the first time, four alleged perpetrators are in the sights of Germany's justice system. The 6-to-3 majority dismissed the "independent state legislature" theory, which would have given state lawmakers nearly unchecked power over federal elections. Guatemala Office: +502 23 60 19 19 Brussels Office: +32 472 71 45 05 Some opposition candidates were simply not permitted to register, so the outcome of many races was clear even before election day. For instance, a trial substantially affected by the participation of ajudge who, under domestic statutes, should have been disqualified cannot normally beconsidered to be impartial. 38. The Committee notes the State partys implementation of selection procedures for judgesin accordance with the Judicial Council Act. If a positive shift were to take place, Russia would inch toward authoritarian constitutionalism. A judge cannot be transferred, suspended or removed from office unless it is provided forby law and then only by decision in the proper disciplinary procedure. According to the Russian LGBT Network, an LGBT+ advocacy group, they were identified when police seized the phone of an LGBT+ social media groups administrator and accessed its contacts. Decisions are adopted behind closed doors by a small group of individuals whose identities are often unclear to the public, and announced to the population after the fact. The year also saw new legislation meant to limit the free press: in July, the State Duma considered legislation that would limit foreign ownership of popular Russian websites to 20 percent. The governments surveillance capabilities have increased significantly in recent years, and while most citizens are not subject to regular state supervision, authorities are thought to monitor the activities and personal communications of activists, journalists, and opposition members, according to human rights organization Agora. powers except that of pardon, separated judicial power from the other two powers, and made it independent from the administration, especially by means of the irremovability of the judges.5 Thus, in the judicial field the Russian people reached a goal for the achievement of which in the legislative field they had struggled Of the 15 judges, almost all agreed to order Russia to "immediately suspend" its military operations . (also known as the Singhvi Declaration), Article 26-31; , Approved by the International Association of Judges on 17 November 1999, UN Basic Principles on the Independence of the Judiciary, Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities, Draft Universal Declaration on the Independence of Justice, Report on the Independence of the Judicial System, Part I: the Independence of Judges, European Charter on the Statute for Judges, Minimum Standards of Judicial Independence, Concluding Observations on Kosovo (Serbia), Russian Federation: Appointment and promotion of judges; Security of tenure, Russian Federation: Constitutional structure, Russian Federation: International treaty status, Russian Federation: Constitutional and legislative recognition of the principle of judicial independence, Russian Federation: Financial independence of the judiciary, Russian Federation: Independence and impartiality; Judicial integrity and accountability, The Russian Federation: Arbitrarily detained lawyer Dmitry Talantov must be released, Access to lawyers must be ensured for anti-war protesters in the Russian Federation, Online Discussion: The OSCE Moscow Mechanism report on violations of International Law committed following Russias Invasion of Ukraine, UN should establish Special Rapporteur on Russia; address Eswatinis human rights violations, Namibia: Attacking judges for upholding human rights threatens judicial independence and the rule of law, Uganda: The enactment of the Anti-Homosexuality Act, 2023 will foster further stigma, discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons, Tunisia: seminar highlights the countrys independence of the judiciary crisis, Lesotho: Joint submission to the UN Human Rights Committee by ICJ and partners highlights numerous human rights concerns, Chad: Still No Reparations for Hissne Habrs Victims, Lesotho: Children with disabilities excluded from equal access to education New ICJ Briefing Paper, Tunisia: New practical guide on modes of individual criminal liability before the Specialized Criminal Chambers, Libya: Tackling impunity requires stronger international accountability mechanisms, Tunisia: Proposed constitution codifies authoritarianism, Libya: Human rights and rule of law principles must guide security sector reform, Nepal: Workshop on monitoring and documentation of violations in places of detention aims to improve prevention and redress of torture and ill-treatment, Afghanistan: Talibans treatment of women and girls should be investigated as the crime against humanity of gender persecution new report, Fiji: Womens rights to a clean and healthy Environment, Nepal: ICJ publishes a Briefing Paper on the operation of Nepals Judicial Committees in relation to womens access to justice, Myanmar: Violations of the right to freedom of religion or belief since the coup dtat in Myanmar, Belarus: Attacks on independent lawyers continue unabated, Russian Federation: Authorities must end attacks on lawyers and abuse of foreign agents law, Ukraine: the justice system should be strengthened during and following the war, Webinar: Care for migrant children in the EU, Nepals Covid-19 response fails international law as well as Supreme Court orders protecting the right to health, Nepal: experts affirm the need for reform of Transitional Justice legislation to ensure the right to an effective remedy to all victims and survivors, particularly women, Nepal: high level mission urges law and policy reform to achieve human rights accountability and strengthen justice sector institutions ICJ Report, Lebanon: Ensure the independence of the judiciary, Our Annual Report highlights the ICJs successes amidst a global pandemic, Venezuela: politicized judiciary tool of repression rather than defender of rule of law, Venezuela: Lawyers unable to practice their profession freely and independently, Chile: Government must do better to protect rights in its COVID response, Yemen: arms sales fueling the conflict continue despite legal challenges, Colombia: ICJ publishes briefing paper advocating for transparency in COVID-19 vaccine contracts. Judges must not allow their judgment to be influenced by personal bias or prejudice, nor harbour preconceptions about the particular case before them, nor act in ways that improperly promote the interests of one of the parties to the detriment of the other. Further, even where an individual judge might in fact be able to ignore a personal relationship to one of the parties to a case, he or she should step aside from the case to protect against an apprehension of bias: the tribunal must also appear to a reasonable observer to be impartial. The judge under investigation has the right, inter alia, to be informed of the complaint,[37] has the right to a representative[38] and to familiarize him or herself with the materials and present objections and remarks. Disciplinary sanctions should be proportionate. In their decision making judges should be independent and impartial and able to act without any restriction, improper influence, pressure, threat or interference, direct or indirect, from any authority, including authorities internal to the judiciary. The Effects of National and Local Funding on Judicial - JSTOR In July 2019, Public Verdict released another video showing continued abuse at Yaroslavl.
