In the course of the Universal Period Review of its human rights record in 2013, in reference to recommendations on the independence of judges and lawyers, Russia accepted several recommendations to continue the reform of its justice system. However, it rejected the recommendation to put in place an independent mechanism charged with appointment, promotion, transfer and dismissal of judges.
- 1. The Russian Federation lodged a reservation
Reservation appended to the instrument of ratification deposited on 5 May 1998 – Or. Engl./Fr./Rus.
In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Russian Federation declares that the provisions of Article 5, paragraphs 3 and 4, shall not prevent the application of the following provisions of the legislation of the Russian Federation:
– the temporary application, sanctioned by the second paragraph of point 6 of Section Two of the 1993 Constitution of the Russian Federation, of the procedure for the arrest, holding in custody and detention of persons suspected of having committed a criminal offence, established by Article 11, paragraph 1, Article 89, paragraph 1, Articles 90, 92, 96, 961, 962, 97, 101 and 122 of the RSFSR Code of Criminal Procedure of 27 October 1960, with subsequent amendments and additions;
– Articles 51-53 and 62 of the Disciplinary Regulations of the Armed Forces of the Russian Federation, approved by Decree no. 2140 of the President of the Russian Federation of 14 December 1993 – based on Article 26, paragraph 2, of the Law of the Russian Federation “On the Status of Servicemen” of 22 January 1993 – instituting arrest and detention in the guard-house as a disciplinary measure imposed under extra-judicial procedure on servicemen – private soldiers, seamen, conscripted non-commissioned officers, non commissioned officers and officers.
The period of validity of these reservations shall be the period required to introduce amendments to the Russian federal legislation which will completely eliminate the incompatibilities between the said provisions and the provisions of the Convention.
(3) Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
(4) Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
- 2. Human Rights Council, Report of the Working Group on the Universal Periodic Review of the Russian Federation, Addendum: Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review, UN Doc. A/HRC/24/14/Add.1 (2 September 2013), para. 25-26.↵