| In a series of rulings concerning the Criminal Procedures
Code, the Constitutional Court has ordered Russian courts to allow the
human rights ombudsman to attend closed trials.
The ruling is a victory for human rights activists, who have long complained
about the potential for abuse in closed court proceedings. It will allow
human rights ombudsman Vladimir
Lukin to sit in on the trials.
The court's decision Tuesday came in response to a request from a group
of State Duma deputies who had found what they believed to be inconsistencies
between the federal Criminal Procedures Code and certain federal constitutional
laws.
They noted that the constitutional law creating the position of human
rights commissioner gave him the right to sit in on all meetings of state
authorities, including closed court hearings -- a right that is not granted
by the Criminal Procedures Code.
The court ruled that when differences arise, federal constitutional
laws and international treaties take precedence over the Criminal Procedures
Code. However, the code overrides non-constitutional federal laws.
The court also clarified other areas of legal ambiguity. The Criminal
Procedures Code does not require prosecutors and investigators to gather
any proof that could point to the innocence of the person accused, which
the court said was in violation of citizens' constitutional rights. The
ruling will require investigators to collect evidence not only for prosecution,
but also for defense.
The court also ruled as unconstitutional a Criminal Procedures Code
provision that allowed prosecutors to turn down requests by defense lawyers
to seek the testimony of witnesses who could establish the suspect's alibi
during initial pre-trial investigation of the case.
The court furthermore moved to resolve contradictions within the Criminal
Procedures Code itself.
One clause of the code allows law enforcement agencies to place State
Duma deputies or members of the Federation Council under house arrest,
while another guarantees their immunity.
The court ruled to allow house arrest only if the respective house of
parliament gave its consent.
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Human Rights
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