Posted 22 марта 2021,, 13:17
Published 22 марта 2021,, 13:17
Modified 24 декабря 2022,, 22:38
Updated 24 декабря 2022,, 22:38
At the round table of the Public Chamber of the Russian Federation, they discussed the creation of a special Court for Human Rights in Russia - and did not come to a common opinion. The very idea of a Russian HRC in the manner of the European Court of Human Rights has evoked diametrically opposed opinions and judgments since its inception.
Some believe that this is another step towards isolating the country from the outside world and outside influence. Say, the European Court of Human Rights, where tens of thousands of Russians who are desperate to find justice in their country apply, is a bone in the throat of our government. Others believe that this is how it should be, because Russia is a special, separate civilization, and no Europe should be an example for us, let alone a decree.
But - let's take out the social and political passions and try to focus on the practical side, on expediency. It was precisely the word “expediency” that President Putin used when instructing to consider the issue.
Let's remember how this initiative came about. Its author is a human rights activist, professor of justice Yevgeny Myslovsky.
Last December, President Putin chaired a meeting of the Council for the Development of Civil Society and Human Rights. And there Yevgeny Myslovsky, a member of the Council, spoke about the state of our judicial and law enforcement system. Probably, in the foreseeable future, such a harsh characterization, such an undisguised truth did not sound in public space. Moreover, spoken to the head of state.
"What is happening now in the courts can hardly be called justice. The courts have turned into a pitiful appendage of the preliminary investigation, and the prosecutor's office during the investigation is like a servant to a lady: "What do you want?"... The investigation began to use very widely methods that I would call procedural terrorism...", - said Yevgeny Myslovsky.
"All our (the Human Rights Council under the President of the Russian Federation! - SB) attempts to get from the Prosecutor General's Office, the Investigative Committee, the Supreme Court at least some reaction to our appeals on specific cases, which we reported to you, were ignored .. If this is how they relate to our appeals, can you imagine how they relate to the appeals of ordinary citizens?"
Myslovsky supported and confirmed each thesis with horrific examples of injustice. And he ended his speech like this:
“The legal community has long been discussing the problems known since the days of Ancient Rome: “Who will guard the watchmen? ” And now the only external watchdog, unfortunately, is the European Court of Human Rights.
But, as practice shows, the structure of the Russian Court of Human Rights would be best suited for the “external watchman”.
President Putin reacted immediately, during the meeting: "In principle, it seems to me that the idea itself is correct." And he instructed the relevant departments and organizations: to study the feasibility of creating a Russian court for human rights.
At a recent discussion in the Public Chamber, opinions were divided. But not tough. Each of the speakers noted that the problem is complex and ambiguous.
Tatyana Moskalkova: “Today, within the national system, I do not see any grounds for the formation of such a human rights court. I think we need to develop the existing institutions. But a supranational court for human rights could be a court on the platform of the CIS ”.
Anatoly Kovler: “Here, too, we are going to once again follow a“ special path ”, far from the roads trodden by the rest of mankind. If the world is now moving towards the regionalization of international institutions (creating their branches in the field), then the Russian Federation, in the event of the creation of the RCHR, will follow the path of their nationalization. The main obstacle to a new court will be the Constitution. Where will we put the new exotic education? What codes will it operate on? How many norms will have to be shoveled, including untouchable ones ?! "
Vladimir Pligin: “The existing judicial system is ramified, staffed and regulated. We need to think about improving the existing mechanisms".
Galina Osokina: “Our Constitutional Court does not consider any disputes. Only an assessment of the constitutionality of federal and regional laws and law enforcement practice is given ... Rights are violated, court decisions are not enforced. The Human Rights Court in the Russian Federation will see what rights have been violated and will take appropriate measures".
Yevgeny Myslovsky, the initiator of the creation of the Russian court for human rights, took part in the work of the "round table" of the Public Chamber. In my opinion, he did not just summarize, but he himself, without noticing it, questioned his own idea. He said:
“It is necessary to eliminate the swamp in which the judicial system is located. I have come across many cases of unfair prosecution. The demand for justice is now the main one ... Today, according to our expert estimates, about 30% of people in custody are imprisoned for nothing".
That is, we have the Supreme Court, the Constitutional Court, the Human Rights Council, and the Public Monitoring Commission, but nevertheless - 160,000 people are in prison for nothing.
This means that this is allowed. In the meantime, it is allowed, arbitrariness will exist. And here one more state "watchman over the watchmen" is unlikely to help. This means that the reason is different - in the relationship between the state and society. In the absence of real and tough responsibility of the state and every civil servant to civil society.
This means that something is very badly wrong in the overall system.