#27 - JRL 2007-168 - JRL Home
Top Strasbourg judges comment on Russian justice
system's failings, improvements
Interfax
Moscow, 3 August: President of the European Court of Human Rights Jean Paul
Costa has called on Russia to reduce the length of time that suspects are held
in custody before trial.
According to Costa, the main problems which the Strasbourg court comes across
in Russia are "failure to implement court decisions" and "excessively lengthy
hearings of cases in court".
"Again, this is not just a Russian problem. It applies to Eastern European
countries, Italy (the champion, where courts can spend up to 20 years
considering cases), and France. Another example is the situation in Russian
prisons. There is a similar situation in Ukraine. And of course, there is
excessively long detention in custody before trials," Costa said in an interview
with Moskovskiye Novosti newspaper published today.
Noting the unsatisfactory state of the Russian penal system, Costa
acknowledged that it could take a long time to solve the problem.
"Alas, solving the problem will take a long time - either everyone needs to
be released, or new prisons need to be built. We can't release prisoners -
society won't allow it. And it takes a long time and a lot of money to build new
prisons. So the problem is not going to improve tomorrow, or even the day
after," said Costa.
However, he added: "The simplest thing would be to reduce the period of
pre-trial custody in pre-trial detention centres. The position of our court is
clear on this - it should be no longer than two years. It seems to me that the
problem can be resolved easily, since it depends entirely on the position of
Russian judges." Costa said that Russia had "good laws", but that they needed to
be implemented.
(In a later report at 0817 gmt the same day, Interfax cited a judge from
Russia working at the European Court of Human Rights, Anatoliy Kovler, who had
told Moskovskiye Novosti that "when a certain political number of our (the
European Court's) decisions build up, the (Russian) authorities react fairly
quickly". He said that there were now "significantly fewer cases in which
journalists complain about the authorities' actions, especially at the local
level", as a result of a Supreme Court ruling issued after the Grinberg vs
Russia case. "A Ministry of Justice instruction forbidding the disclosure of
correspondence sent to the judicial authorities, the prosecutor's office or its
structures, and the European Court" had also resulted from a European Court
hearing linked to prisoners being hindered from writing to Strasbourg, added
Kovler.).
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