Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Archive for June, 2011

Russian Architects – First Group To Publicly Abstain From Joining Putin’s Front

Posted by Info on 29/06/2011

As Prime Minister Vladimir Putin’s All-Russia People’s Front continues to build up its membership with various organizations, the Union of Russian Architects has become the first group to publicly abstain from joining the front.

The architects union, which was initially enlisted in the front seemingly without its consent, has opened a small window into the chaotic development of the People’s Front.
Critics are calling Putin’s initiative to task for its increasing ties with government agencies, the strengthening of a Soviet-esque single party apparatus and a growing sense that the project is a “farce.”

The decision to abstain from joining the Popular Front was taken after the group unexpectedly found its name on the online list of the Popular Front’s members. The architects, who noticed that their union had been put on the list without their consent, published an open letter asking the union’s leaders to abstain from joining the front.

With around 400,000 members and massive resources, the Post Office’s political utility for the Popular Front is clear: the ability to distribute flyers and other campaign literature through a country-wide network … The possible misuse of government resources to promote political interests has already raised criticism, most notably from reputed whistleblower Alexei Navalny.

The example of the architects union may inspire other groups to reject the “call to the front.” It seems that United Russia may be in for disappointment in the coming elections.

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Russia’s Medvedev ‘Won’t Compete With Putin’ Even He wishes To Be President

Posted by Info on 28/06/2011

President Dmitry Medvedev about the Russia’s 2012 presidential polls, sayid that he wanted a second term but would not stand against powerful predecessor Vladimir Putin.
With just nine months left before the March elections, neither Medvedev, 45, nor Putin, 58, have announced their candidacy.

The interview appeared riddled with mixed messages, with Medvedev saying Russia needed political competition yet expressing concern that running against Putin could hurt development.

“The thing is that Vladimir Putin — both my colleague and old friend — and I still largely represent the same political force. In this sense, competition between us could in fact harm those tasks and goals we have been pursuing for the past years. Therefore probably this would not be the best scenario for our country and this concrete situation.”

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Россия Исправно Выплачивает Компенсации По Решениям Евросуда

Posted by Info on 26/06/2011

Дмитрий Медведев заявил, что поручил министерству юстиции вести мониторинг исполнения решений Европейского суда по правам человека (ЕСПЧ) в отношении России…будет представляться ежегодный доклад, а целью его является совершенствование правовой системы.

Согласно существующей практике, в случае, если ЕСПЧ признает то или иное действие страны-ответчика неправомерным, помимо рекомендаций государству провести те или иные действия суд назначает истцам компенсации за понесенный ими моральный и материальный ущерб.

в июне ЕСПЧ принял несколько решений по делам жителей Чечни, осудив Россию за за гибель людей при бомбардировке в 1999 году и смерть уроженца Чечни Саламбека Мовсаева, погибшего в марте 2006 года после пыток сотрудниками силовых структур. В результате Евросуд постановил выплатить заявителям в общей совокупности более 270 тысяч евро в качестве компенсации за причиненные моральные страдания и понесенный материальный ущерб.

Россия выплачивает назначенные Европейским судом по правам человека компенсации потерпевшим, которые обратились в Страсбург, глобальных просрочек платежей нет, сообщил Арсен Сакалов, представитель организации “Правовая Инициатива”.

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Proposed Law Banning Children From Mosques in Tajikistan

Posted by Info on 25/06/2011

The new law “on Parental Responsibility”. which was approved by the lower house of the Tajik parliament last month, bans under-18-year-olds from attending prayers in mosques, and may also allow the authorities to stop parents giving Arabic names to their children.

The law is already sparking outrage in the country.
“Right now the government’s approach to handling any issues connected to Islam is repression, rather than any attempt at dialogue, and this is obviously going to be disastrous,” said Paul Quinn-Judge, project director for Central Asia at International Crisis Group.
”The government cannot keep using the law, using pressure, and using restrictions to handle the islamicisation of its society.”
In a report on Tajikistan last month, the group warned the Tajik government to pull back anti-Islamic measures implemented last year, which included repatriating more than a thousand students from religious schools overseas, forcibly closing hundreds of mosques, threatening long jail sentences for setting up “illegal” religious schools, and even banning a footballer who wore an Islamic beard.

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Russia: Court Clears Rights Activist Orlov But Kadyrov Is Appealing Decision

Posted by Info on 25/06/2011

A Moscow district court acquitted on 14 june 2011 the head of Russia’s major Human Rights NGO, Memorial, Oleg Orlov, of slandering the head of the Chechen Republic Ramzan Kadyrov.
The judge ruled that Orlov’s statement of Kadyrov’s involvement in the abduction and murder of Chechen activist Natalia Estemirova were not slander, but rather an evaluation and Orlov never suggested Kadyrov’s personal involvement in the crime, but spoke only of general responsibility.
The verdict also stated that the aggrieved party failed to prove the direct intent of the suspect which, according to the Russian law is a qualifying feature of slander.

The lawyer for Chechen President Ramzan Kadyrov has appealed the court verdict.

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Uzbek Court Jails Muslim Activists

Posted by Info on 24/06/2011

International human rights groups have accused Uzbek President Islam Karimov of using an alleged terrorism threat in the country as a pretext to repress opposition to his rule.

Once again a court in Uzbekistan has handed out jail sentences to a group of men accused of taking part in a banned Muslim group. Bakhtiyar Makhamatov and Nematilla Sakhibov were convicted of membership in the Hizb ut-Tahrir organisation and sentenced to seven years in prison.
Six other detainees received six-year prison sentences on charges of membership in the cell run by Makhamatov and Sakhibov.

Hizb ut-Tahrir is a pan-Islamic movement with adherents throughout the Muslim world.

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CE Venice Commission About Moldova

Posted by Info on 24/06/2011

The Venice Commission of the Council of Europe made the conclusion that the Republic of Moldova should hold early parliamentary elections and give up the idea of organizing a constitutional referendum.

The Venice Commission is of the opinion that the Article on dissolution of Parliament applies to the situations set out in the Article on the election of the President, and that a dissolution of Parliament “can therefore not take place twice within one year, even if Parliament fails to elect the president twice. According to the Commission, the words “in the course of a year” should be interpreted as meaning one year, counting from the last dissolution of Parliament and not within one calendar year. This means that Parliament could be dissolved at the earliest on 16 June 2010. The Commission underlines that following this date, dissolution must take place within a reasonable timeframe”.

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Duma Considers Law To Limit Influence Of European Court On Russia’s Legal System

Posted by Info on 23/06/2011

A draft bill states that Russian court decisions should be reconsidered following the European Court of Human Right rulings only if a specific law was unconstitutional.
The amendments to some laws and the Arbitration Code and Criminal Procedure Code were proposed by Aleksandr Torshin, the acting speaker of the parliament’s upper house, the Federation Council. The influence of the court in Strasbourg on the Russian legal system should be limited, he believes.

If the ECHR rules on Russian courts decisions, they should only be reconsidered if the laws on which they were based are recognized unconstitutional, Torshin said. The last word should belong to Russia’s Constitutional court. The State Duma may consider the draft bill until the end of the current session.

The speaker’s initiative is intended to limit the right of the European Court to interfere into the area of Russian jurisdiction. A proposal has been made to amend the law On the Constitutional Court by adding a provision stating that that international treaties do not supersede the Russian Constitution.

Torshin’s initiative could violate a number of provisions of international treaties that Russia has signed, Tamara Morshchakova, a retired judge of the Constitutional Court.

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Страсбургский Cуд Oсудил базу данных Pоссийской полиции

Posted by Info on 23/06/2011

Страсбургский суд по правам человека удовлетворил жалобу нижегородского правозащитника Сергея Шимоволоса, задержанного самарскими полицейскими на основании того, что он был внесен в базу данных МВД как потенциальный экстремист.

Суд также признал, что само существование подобной базы данных нарушает Европейскую конвенцию о защите прав человека. Российские правозащитники и эксперты называют эту базу “Сторожевой контроль”.
Полицейские, говорится в заключении суда, подозревали, что у него есть литература экстремистского характера, хотя правозащитник не имел при себе багажа.
Шимоволоса отпустили через 45 минут, не предъявив никаких обвинений и не найдя доказательств деятельности экстремистского характера.

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EU Passes Belarus New Sanctions – Anger Is Growing

Posted by Info on 23/06/2011

The European Union passed a series of stringent sanctions against Belarus amid growing anger from the international community.
Foreign ministers meeting in Luxembourg agreed to a series of new sanctions against the regime, placing travel bans on key members of the judiciary and bringing in restrictions on three companies closely associated with Mr Lukashenko.

The opposition to widespread sanctions came from Italy and Latvia, two countries with substantial business interests in Belarus. In the end, however, diplomats opted for the fullest set if sanctions that were available to them.

It is now forbidden for any European country to trade with BelTechExport, the country’s main arms manufacturer, as well as Sport Pari, which runs the country’s lucrative lottery, and Private Unitary Enterprise a telecommunications company.

Western diplomats say Belarus earns more than £1.14bn annually in weapons sales, much of which goes into a secret fund controlled by the President. The vast majority of Belarusian arms sales, however, are to the developing world and it is unclear whether the new sanctions will have any effect on Mr Lukashenko’s ability to raise capital.

A number of officials behind the recent trials of pro-democracy activists have also been added to a travel ban list including Andrey Kazheunikau and Kiril Chubkavets, two public prosecutors who have brought cases against a number of anti-Lukashenko presidential candidates.
Liudmila Grachova, a judge who recently sentenced former presidential candidates Nikolai Statkevich and Dmitiri Uss, has also been handed a travel ban alongside Vladimir Peftiev, the country’s second richest man and a key economic advisor to Mr Lukashenko.More than one hundred officials and allies of the Belarusian president are already on the travel list.

Last week Belarus went to Russia and the International Monetary Fund to ask for a rescue loan of billions of dollars to help stave off a growing financial crisis. Both Russia and the IMF have called for large scale privatization of Belarusian state assets as a central part of any bailout arrangement. At the same time anger is growing in Moscow over the arrest of a number of Russian journalists inside Belarus.

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Венецианская Kомиссия Призвала Молдову избрать Президента по Конституции

Posted by Info on 23/06/2011

Венецианская комиссия Совета Европы отвергла предложенный альянсом “За европейскую интеграцию” план по выходу из кризиса вокруг избрания президента через изменение конституционных норм простым органическим законом, принимаемым парламентским большинством.

В своем ответе на запрос Конституционного суда Молдовы, комиссия указала, что норма об избрании главы государства 3/5 голосов депутатов не может быть измена органическим законом.
“По мнению Венецианской комиссии, вопрос большинства, необходимого для избрания президента это основной вопрос, фундаментальный критерий законности выборов как таковых. Объяснение критерия дается Конституцией и органическим законом. Как таковой, он, как представляется, исходит из конституционных принципов, которые должны соблюдаться и в случае с этой новой ситуации (то есть организация новых выборов после провала попыток избрать президента), в соответствии с требованиями Конституционного суда и его решения от февраля 2011 года”.

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Russia: Journalist + Chief editor of Kolyma – TV station Killed

Posted by Info on 23/06/2011

The chief editor of the Kolyma + television companyAnatoly Bitkov was killed here overnight to Wednesday. The journalist was found dead in his flat.
Several murder theories are being investigated, including that related with Bitkov’s professional activities.

Anatoly Bitkov, 38, was a well-known journalist in the Magadan Region and has worked as the chief editor of the Kolyma+ television channel for the last few years. The journalist was an anchorman of news, journalist and analytical television programs.
The criminal experts are working at the murder scene. A criminal case was opened over murder. The investigation into the murder case is underway.

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Russia: Chechen Leader Demands Judges Take Tough Line On ‘Terrorists’

Posted by Info on 22/06/2011

Ramzan Kadyrov criticized judges for being soft on “terrorists and murderers.”
“At the moment, we have a few criminal cases that are not being carried through to their logical conclusion. Bandits, terrorists and murderers are being released from court rooms because of the unscrupulousness of our investigators and judges.”

Kadyrov referred to the recent case of the Magomadov brothers accused of killing four policemen, questioning why the men were not charged with terrorism. The case was tried by a jury, which acquitted the brothers.
“There is proof of their crime, but they were set free. It is necessary to arrest them again and review the case taking into consideration every piece of evidence available,” Kadyrov said.

Kadyrov demanded that the judges “change their attitude to work.”

Kadyrov, 34, was inaugurated for his second term as the leader of the volatile North Caucus republic in April. He pledged to safeguard people’s wealth, strengthening of human rights and justice in Chechen society.

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ECHR: Moldova To Pay €15 000 To Prisoner For Torture

Posted by Info on 22/06/2011

The European Court of Human Rights (ECHR) has obliged the Government of Moldova to pay €15-thousand damage to a former prisoner for the use of torture against him in penitentiaries. Ipate case against Moldova.

In May 2006, he was under custody pending a trial in the Chisinau penitentiary #13, when a police officer demanded him to move to the cell #121. The petitioner refused, demanding explanations on the transfer. The officer and 2 prison guard representatives used force against him, beating him up with rubber truncheons and fists.

The claimant has repeatedly asked to be examined by medic, made complaints to prosecutor’s office, but in vain; national authorities refused to consider the complaint, considering it groundless.

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EC Venice Commission About Moldovan Constitution

Posted by Info on 21/06/2011

The three questions put by the Constitutional Court of Moldova to the Venice Commission
A) May Parliament be repeatedly dissolved due to the same reason: non-election of the President ?
17. Dissolution of Parliament is regulated by Article 85 of the Constitution. The latter provides for this possibility when:
“(1) an impossibility has been reached to form the Government;
(2) when a situation has been encountered whereby the passing of the new legislation has been deadlocked for three consecutive months;
(3) within forty five days from a first presidential request for a vote of confidence to form a new government a second such request has been rejected by the Parliament”.
B) Shall the procedure under Article 78 of the Constitution be applied after elections held due to a failure to elect the President ?
C) May Parliament develop by an organic law a mechanism which would institutionalize a procedure meant to ensure the election of the Head of State and would not admit repeated dissolution of the Parliament?

The Venice Commission is of the opinion that:
• Article 78§5 allows repeated dissolution of Parliament if it proves unable to elect the new President of the country;
• It is possible and even desirable, in order to facilitate the effective election of the new President, to clarify some procedural aspects of the election procedure through an organic law.

42. As to the substantive requirement of a three-fifths majority for the new elections…the Commission is of the opinion that the most appropriate solution is to amend the relevant constitutional provisions explicitly, in accordance with the provisions of Title VI of the Constitution or to find a political compromise within the Parliament itself on the appropriate presidential candidate.
43. It is up to the Constitutional Court of Moldova to decide whether it is justified, under the present circumstances in the country, which the Constitutional Court of Moldova has considered unique… more HERE

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