Journal of Siberian Federal University. Humanities & Social Sciences: Implementation of the European Convention on Human Rights in Extradition Proceedings in Russia

Journal of Siberian Federal University. Humanities & Social Sciences / Implementation of the European Convention on Human Rights in Extradition Proceedings in Russia

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2022 15 (8)
Authors: Zharinov, Kirill G.; Torkunova, Ekaterina A.
Contact information: Zharinov, Kirill G.: Moscow State Institute of International Relations of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University) Moscow, Russian Federation; ; Torkunova, Ekaterina A.: Moscow State Institute of International Relations of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University) Moscow, Russian Federation
Keywords: European Convention on Human Rights; European Court of Human Rights; extradition; extradition from Russia; removal; removal from Russia
Abstract: The present article gives a complete overview of developments in the Russian law and practice since the adoption of the Russian Criminal Procedure Code in light of the European Convention standards applicable in extradition and transfer cases. The authors analyze the positive and negative trends and identify the remaining problems on the basis of legislative acts, national jurisprudence, conclusions of the European Court of Human Rights, academic studies and the direct professional experience of one of the authors dealing with extradition cases in Russia for the last 9 years as a representative of requested persons before national courts and the ECtHR. Since the adoption of the Russian Criminal Procedure Code in 2001 the Russian authorities has made a number of improvements in law and legal practice as regards extradition proceedings. These steps proved to be quite effective and put an end to the gravest human rights violations in this sphere such as detention without any time-limits or judicial review of its lawfulness. Moreover, national courts began to analyze extradition orders issued by the Russian Prosecutor General’s Office more thoroughly from the European Convention perspective and quash them more often (at least in certain categories of cases). This led to the change of approaches of the Russian Prosecutor General’s Office itself. However, some of the «traditional» problems still remain present. Among them are the improper assessment of risks of ill-treatment in a requesting country and the too lengthy appellate judicial review of detention pending extradition. This results into a flow of new judgments of the ECtHR delivered in a 3-judge Committee formation dealing with repetitive cases. At the same time, new questions have arisen, for example, regarding the regulation of termination of national search of a person whose extradition has been denied. Furthermore, there are recent worrying trends in the jurisprudence of the Presidium of the Russian Supreme Court in cases where the Presidium reconsiders extradition orders after the European Court judgments. The existing problems require prompt legislative amendments and other measures aimed at bringing the Russian law and practice in full conformity with the Convention requirements. The authors make their own suggestions as regards such measures
Pages: 1171–1178
DOI: 10.17516/1997-1370-0919
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/147472

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