The paper aims to analyze relevant international law and standards applicable to the topics discussed at a recent round table, including assessment of the work of judges and its impact on judicial independence; assignment of cases; quality of judgments; and enforcement of judgments.
It sets out the international and European regional law and standards related to these key aspects of the internal functioning of the judiciary, which should serve as guidelines for policy makers and practitioners in the Russian Federation when assessing national legislation and practice in regard to these issues.
The paper also makes recommendations in light of the international law and standards analyzed, having particular regard to the challenges within the Russian judicial system, discussed at the round table.
On 26 September 2016, the ICJ, in cooperation with the Institute of Law and Public Policy (ILPP), held a round table discussion in Moscow on Independence, Efficiency and Quality of Justice.
ICJ international and Russian national experts, including judges from Russia, Norway, the Netherlands and Italy, discussed a range of issues related to the efficiency of the judiciary, the allocation of cases, the quality and enforcement of court decisions and related topics.
The meeting allowed Russian and foreign judges and lawyers to share their experiences and discuss key aspects of organization of the judiciary.
Participants at the seminar discussed the continuing low levels of public trust in the judiciary in the Russian Federation and the need for further reforms to ensure that the judiciary can discharge its role as a true guarantor of the rule of law and human rights.
Concerns exist not only in regard to the guarantees that directly relate to the fairness of court hearings, but also as regards the organization of the judiciary.
While these institutional aspects are less often addressed in individual cases, they are essential to uphold the right to a fair trial under Article 6 of the ECHR and Article 14 of the International Covenant on Civil and Political Rights (ICCPR) as well as other international standards on the independence of the judiciary and fairness of court proceedings.
Russia-International standards_Moscow RT-Advocacy-Analysis brief-2017-ENG (Briefing paper in English, PDF)
Russia-International standards_Moscow RT-Advocacy-Analysis brief-2017-RUS (Briefing paper in Russian, PDF)AdvocacyAnalysis briefs