CHECHNYA (RF)
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Special Operations and Disappearances
Country background
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Politics & Law
| Political analysis | Constitution | |
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| Documents |
08.03.2006 - Source: US Department of State
Chechnya is scheduled to introduce jury trials in 2007 ("Country Report on Human Rights Practices 2005") [#46144], [ID 15974]
"The law provides for the nationwide use of jury trials for a limited category of "especially grave" crimes, such as murder, in higher-level regional courts. These jury trials constituted approximately 1 percent of all criminal trials in 2004. By January 1 all regions except Chechnya implemented jury trials, and Chechnya is scheduled to introduce jury trials in 2007. In contrast to trials conducted by a judge, 0.7 percent of which ended in acquittal in 2004, approximately 15 percent of cases tried by juries ended in acquittals, although one‑quarter of those acquittals were later reversed on appeal."
Document(s):
Open document
14.05.2003 - Source: Council of Europe - Secretary General
Zeugen Jehovas in Deutschland e.V.: Judges refuse to try cases out of fear for their lives ("Twenty-seventh interim report by the Secretary General on the presence of the Council of Europe’s experts in the Office of the Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic – period from 19 February to 13 May 2003 [SG/Inf(2003) 23]") [#14573], [ID 15975]
"“19. Various interlocutors underlined that judges and lawyers fear for their life in the Chechen Republic. According to the human rights centre “Memorial”, it appeared that judges had refused to try cases out of fear for their lives.”"
Document(s):
Open document
Addendum
04.03.2003 - Source: Council of Europe - Secretary General
Council of Europe: Lack of judges in the Chechen Republic ("Twenty-sixth interim report by the Secretary General on the presence of the Council of Europe’s experts in the Office of the Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic [SG/Inf(2003) 7]") [#11304], [ID 15976]
"“11. As highlighted in previous reports, the lack of judges remains an urgent matter as it affects the smooth functioning of the judiciary, including its new tasks which consist in issuing arrest warrants.” Report on security and human rights situation in the Chechen Republic (arrests, custody, torture)"
Document(s):
Open document
Addendum
04.03.2003 - Source: Council of Europe - Secretary General
Council of Europe: Military garrison court of the Chechen Republic established in October 2002; has not started working yet ("Twenty-sixth interim report by the Secretary General on the presence of the Council of Europe’s experts in the Office of the Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic [SG/Inf(2003) 7]") [#11304], [ID 15977]
"“12. On the basis of the President of the Russian Federation’s Order of 8 October 2002, the military garrison court of the Chechen Republic was established with its seat in Grozny. However, the military court has not started working, as the President of the Russian Federation has not yet appointed the judges.” Bericht über Sicherheitslage und menschenrechtliche Situation in der tschetschenischen Republik (Festnahmen, Inhaftierungen, Folter)"
Document(s):
Open document
Addendum
02.2003 - Source: UN High Commissioner for Refugees
As non-ethnic Chechen judges have left Chechnya, judiciary personnel in Chechnya remains too limited in number ("UNHCR Paper on Asylum Seekers from the Russian Federation in the context of the situation in Chechnya"") [#47145], [ID 15978]
"As non-ethnic Chechen judges have left Chechnya, judiciary personnel in Chechnya remains too limited in number to ensure an efficient legal process. Conflicts of jurisdiction between the civilian and military prosecutors’ offices have also hampered the processing of individual complaints” Report on IDPs and asylum seekers from the Russian Federation"
Document(s):
Open document
15.10.2001 - Source: UN Committee Against Torture
UN Committee against Torture: Dual system of jurisdiction in Chechnya involving military and civilian prosecutors and courts ("Consideration of Reports submitted by States Parties under Article 19 of the Convention; Third periodic reports of States parties due in 1996; Addendum; Russian Federation [CAT/C/34/Add.15]") [#37537], [ID 15979]
"7. The Committee is particularly concerned over the following: In connection with the events in Chechnya (d) The dual system of jurisdiction in Chechnya involving both military and civilian prosecutors and courts, which leads to long and unacceptable delays in registering cases, resulting in a cyclical process whereby case information and the responsibility for opening investigations continue to be passed from one official to another and back, without resulting in the initiation of prosecutions. The Committee notes with concern that it is impossible for the civil prosecutor to question military personnel and carry out investigations at military sites in order to collect the evidence required to oblige the military prosecutor's office to take up the case. Also of concern is the insufficient independence of military courts, prosecutors and judges, with the result that few cases are registered to prosecute officials alleged to be responsible for the abuses."
Document(s):
State report
Concluding observations of 6 June 2002 [CAT/C/CR/28/4]
