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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The Washington Post: Corruption Taints Courts In Russia

June 24, 2009

By Philip P. Pan

A spe­cial Euro­pean inves­ti­ga­tor issued a sting­ing report Tues­day that alleges wide­spread polit­i­cal abuse of the Russ­ian courts and urges coun­tries not to extra­dite peo­ple to Rus­sia if they might be denied a fair trial.

The con­clu­sions by Sabine Leutheuss­er-Schnar­ren­berg­er, a for­mer Ger­man jus­tice min­is­ter, are like­ly to fur­ther strain Rus­si­a’s rela­tions with the Coun­cil of Europe, which com­mis­sioned the probe and is locked in a stand­off with Moscow over the future of the Euro­pean Court of Human Rights.

Rus­sia joined the coun­cil in the 1990s, but it has recent­ly attacked the court’s impar­tial­i­ty and is the lone coun­cil mem­ber block­ing a plan to stream­line its oper­a­tions. The court, based in Stras­bourg, France, acts as an appeals pan­el of last resort for res­i­dents of 47 mem­ber countries.

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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.

The New York Times: An Investment Gets Trapped in Kremlin’s Vise

July 24, 2008

William F. Brow­der was one of the most promi­nent for­eign investors here, a cor­po­rate provo­ca­teur who brought the tac­tics of Wall Street share­hold­er activists to the free-for-all of post-Sovi­et cap­i­tal­ism. Until, that is, the Krem­lin expelled him in 2005.

Mr. Brow­der then focused on pro­tect­ing his bil­lions of dol­lars of stakes in major Krem­lin-con­trolled com­pa­nies, like Gazprom, and on fight­ing to return to a land where he had deep and unusu­al fam­i­ly ties. So when he ran into Dmitri A. Medvedev, the coun­try’s future pres­i­dent, at the World Eco­nom­ic Forum in Davos last year, he saw his chance.

In a brief con­ver­sa­tion at a din­ner at the Swiss resort, he pressed Mr. Medvedev for help in regain­ing his Russ­ian visa. Mr. Medvedev, then a top aide to Pres­i­dent Vladimir V. Putin, agreed to pass along his request.

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