Russian Judges Come Under Tighter Kremlin Control and Lose Their Independence Say Results of an International Study

80% of Experts Surveyed Believe That the Putin Administration Exerts an Influence on the Course of Court Proceedings and Pressure on Judges in Russia

The Russian judicial authorities are becoming increasingly subordinate to the Kremlin administration and correspond less and less to the international standards of independence of judges. Such are the conclusions contained in the report by the London think-tank Russian Axis, published on Thursday.

The report, entitled "Judicial authorities in Russia: a systemic crisis of independence", analyses real, not nominal, models of judicial decision-making and schemes for manipulating judges. For this purpose, a sample survey was carried out by the telephone interview method, among experts representing those engaged in executive authorities, judicial bodies, the legal profession and law protection societies, both in Russia and abroad.

The survey, which was carried out in August and September, included 102 experts on legal issues, 52 of whom work in Russia and 50 of whom represent foreign organisations. The method of detailed subject interviews with representatives of the community of judges (both open and anonymous) was used and excerpts from these are presented in the report.

Virtually every second expert surveyed (45%) believes that Russian judges have become more dependent on the executive authorities over the last year and only 12% are of the exact opposite opinion, believing that judges have become more independent. 41% consider that there has been no change in the situation with respect to the independence of judges.

There are grounds for assuming that the experts' opinions were affected by the situation associated with the oil company YUKOS and its former head, Mikhail Khodorkovsky. The overwhelming majority of the experts -- 82% -- believe, for instance, that the criminal cases in relation to big Russian oil entrepreneurs and politicians are being heard under the influence of or pressure from the executive authorities and law enforcement agencies. In second place - 76% -- come cases concerning appeals against decisions taken by the authorities in the political sphere: election results, amendments to the legislation on the political system and so on. The executive authorities and law enforcement agencies interfere least of all in cases connected with economic disputes between small and medium-size businesses.

The experts believe that the greatest impact on judicial decisions is exerted by the Administration of the President of Russia - 80%. In second place - 65% -- are regional governors (at this point, it should be noted that the overwhelming majority of the experts were surveyed before Vladimir Putin's initiative to abolish public elections of the heads of the Russian regions was made public). Then follow the Public Prosecutor's Office (49%) and the FSB (47%). The least influence is exerted by the Russian mass media (14%) and political parties (12%).

The most widespread instruments by which the executive authorities influence and bring pressure to bear on judges are:

- Receipt of guarantees of political and personal loyalty of judges when they are appointed. For the heads of the key courts - confidential co-operation with the Kremlin or the special services (6 on a 10-point scale);

- Linkage of the political loyalty and "correct behaviour" of judges in passing decisions to promote judges (6 on a 10-point scale);

- Linkage of the political loyalty and "correct behaviour" of judges in passing decisions to implement social guarantees and privileges for judges (6 on a 10-point scale);

- Threats of dismissal and disqualification of disloyal judges by a loyal administration or loyal higher instance, with consequences for statistics on judgements overruled (8 on a 10-point scale).

The last assessment was given by the experts before publication of the initiative of the speaker of the upper chamber of the Russian parliament, Sergei Mironov, to amend the principles for forming the qualification boards for judges, which, under Russian law, have the right to give permission for criminal proceedings to be instituted against judges and to dismiss them. Mironov proposed depriving the judicial community of the majority on these boards and handing them over to the control of "representatives of the public", elected on proposal by the President.

The majority of experts agree that the situation that has taken shape with respect to the justice system in Russia means that Russian judges do not meet international standards with respect to observance of the key procedural principles. 14% of the experts consider that the judicial authorities in Russia do not comply with international standards at all. 61% - that they do not comply in the main. 21% - that they do comply in the main. And only 2% believe that they "comply fully".

Notes for Editors:

London-based information and analysis centre Russian Axis is an independent, British non-governmental organisation, providing Western experts on Russia (journalists, analysts, researchers and so on) with objective analysis, based on Russian sources, as well as access to first-hand information. The Russian Axis reports published so far are: "The 2004 Presidential Campaign", "Ten years of the Russian Constitution", "Vladimir Putin's Second Term and the Campaign of De-Oligarchisation -Scenarios". To see these reports and the one mentioned in this press release, as well as to receive more detailed information on the activities of Russian Axis, visit our Website at: www.russianaxis.org

Russian Axis Ltd

(From NewsRating, 21.10.2004)