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The meeting between the Prosecutor General of the Russian Federation Yuri Chaika and President of the European Court of Human Rights Guido Raimondi

The meeting between the Prosecutor General of the Russian Federation Yuri Chaika and President of the European Court of Human Rights Guido Raimondi

06 december 2016, 12:21

Today, 6 December 2016, a meeting was held in the Prosecutor General’s Office of Russia between the Prosecutor General of the Russian Federation Yuri Chaika and the President of the European Court of Human Rights Guido Raimondi.

The meeting was also attended by the Deputy Prosecutor General of the Russian Federation Leonid Korzhinek, the Registrar of the European Court of Human Rights Roderick Liddell, representatives of the Supreme Court of the Russian Federation, and Heads of Departments of the General Prosecutor's Office of the Russian Federation.

In his welcome address Yuri Chaika briefed the guests on the activities of the Prosecutor General’s Office of the Russian Federation in implementing the decisions of the European Court of Human Rights and noted that the Russian Prosecution Service, like the European Court of Human Rights, safeguards the rule of law and actively promotes the protection of human rights and freedoms.

He stressed that Russia is committed to a strong, impartial and non-politicized European Court, that is guided by the principle of subsidiarity, and leaves to the state the choice of the means to be used in its domestic legal system in executing the ECtHR’s decisions.

Yuri Chaika also expressed concern about the application practice of Rule 39 of the Rules of the Court in respect of complaints of the persons detained in Russia pending extradition to foreign states. It takes a lengthy time for such matters to be heard by the ECtHR (usually over 12 months), which is not consistent with the provisions of Article 3 of the European Convention on Human Rights, under which everyone arrested or detained shall be entitled to trial within a reasonable time.

Thus, a lengthy examination by the European Court of Justice of such complaints often results in expiration of the time limits of pretrial detention (in Russia it may not exceed of 1.5 years) and subsequent release of the persons whose extradition is sought. This often precludes the execution by the Russian Federation of its international obligations to extradite. It is not infrequent that such persons are accused of terrorist activities.

Yuri Chaika asked Guido Raimondi to consider the proposal that the claims in respect of these individuals be examined by the European Court of Human Rights as a matter of priority, as in the majority of cases, these persons appear to be in custody.

In reply, Guido Raimondi also spoke in favour of development of bilateral relations, including among the higher judiciary.

At the end of the meeting, Yuri Chaika expressed confidence that the joint efforts of the Council of Europe, the European Court of Human Rights and the prosecutorial community will result in further significant reduction of violations of the provisions of the European Convention on Human Rights that may cause complaints to the European Court of Human Rights.