Politically-motivated abuses of the criminal justice system

August 7, 2009

Excerpts from the report, published by the Committee on Legal Affairs and Human Rights on allegations of politically-motivated abuses of the criminal justice system in Council of Europe member states with recommendations on series of steps to strengthen the independence of judges and prosecutors across Europe to end politically-motivated interference in individual cases.

Inter alia the Committee calls for a series of reforms to reduce the political and hierarchical pressures on judges and put an end to the harassment of defence lawyers in order to combat “legal nihilism” in the Russian Federation, as a precondition also for successful co-operation between Russian and other European law enforcement authorities.

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Keeping politics out of the law

June 23, 2009

A report approved today by the Legal Affairs Committee of the Council of Europe Parliamentary Assembly (PACE) has recommended a series of steps to boost the independence of judges across Europe to end what it calls “politically-motivated interference” in individual cases.

The report, prepared by Sabine Leutheusser-Schnarrenberger (Germany, ALDE), exposes ways that politicians can meddle with the law in four countries representing the principal types of criminal justice system in Europe, analysing high-profile cases such as the dropping of the BAE fraud investigation and “cash for honours” scandal in the United Kingdom, or the second Khodorkovsky trial, HSBC/Hermitage Capital case and Politkovskaya investigation in Russia.

Among other things, the parliamentarians call for:

• in Russia, a series of reforms to reduce the political pressures on judges and end the harassment of defence lawyers in order to combat “legal nihilism” in Russia.

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