#40 - JRL 2007-156 - JRL Home
Rules For Strasbourg Court Appeals Could Be Reformed
After National Legal Reform - Zorkin
MOSCOW. July 17 (Interfax) - The rules on appealing to the European Court of
Human Rights could be reformed once the Russian legal system is reformed,
chairman of the Russian Constitutional Court Valery Zorkin said.
Zorkin set out his position in an interview with the Rossiiskaya Gazeta
newspaper to be published on Wednesday. Russians currently can appeal to the
Strasbourg court within six months after a court of appeal has issued its
ruling. This mechanism cuts higher courts, including the Supreme Arbitration
Court and the Supreme Court, out of the loop, he said.
Earlier Zorkin said in an interview with Interfax that "a provision,
according to which one could turn to the Strasbourg court only after all levels
of the national legal system are passed, should be introduced in Russian law."
The statement caused a large public outcry and was treated as an attempt to
restrict opportunities to appeal to the Strasbourg court.
"The idea of restricting the right of Russians to go to the Strasbourg court
is absurd and hard to realize, because the right is provided by the European
Convention of Human Rights, which according to Article 15 of the Russian
Constitution is a part of our legal system and which defines the direction of
the system's development to a large extent," Zorkin told Rossiiskaya Gazeta.
The issue involves "reforming the Russian legal system such that a part, a
major part, of reasons for turning to the Strasbourg court are made redundant,
because there are real and effective means to safeguard rights at the national
level," Zorkin said.
"The task of national legal and law enforcement agencies is to protect human
rights using domestic (national) mechanisms and guaranteeing that constitutional
provisions are observed. Our common task is to make these mechanism efficient
from the point of view of protecting the rights of citizens," Zorkin said.
|