{"id":153608,"date":"2014-03-11T18:42:46","date_gmt":"2014-03-11T22:42:46","guid":{"rendered":"\/gazette\/?p=153608"},"modified":"2019-09-11T12:06:26","modified_gmt":"2019-09-11T16:06:26","slug":"russia-and-rights","status":"publish","type":"post","link":"https:\/\/news.harvard.edu\/gazette\/story\/2014\/03\/russia-and-rights\/","title":{"rendered":"Russia and rights"},"content":{"rendered":"\n\t
\"\"

Russian human rights lawyer Sergei Golubok (center) said the biggest legal concern in Russia is the lack of judicial independence. Golubok was joined by Anton Burkov (right), who simply stated, \u201cWe need to use what we have."<\/p>

Rose Lincoln\/Harvard Staff Photographer<\/p><\/figcaption><\/figure>\n\n\t

\n\t\t\t\n\t\t\tNation & World\t\t<\/a>\n\t\t\n\t\t

\n\t\tRussia and rights\t<\/h1>\n\n\t\n\t\t\t<\/div>\n\t\t\n\t
\n\t\t
\n\t\t\t
\n\t\t\t\t\t

\n\t\tColleen Walsh\t<\/p>\n\t\t\t

\n\t\t\tHarvard Staff Writer\t\t<\/p>\n\t\t\t\t\t<\/address>\n\t\t<\/div>\n\n\t\t

\n\t\t\tLawyers outline ways in which legal system there is undercut from within, though they also see cause for hope\t\t<\/h2>\n\t\t\n<\/header>\n\n\n\n
\n\n\n\t\t

Two leading Russian human rights attorneys visited Harvard Law School<\/a> (HLS) on Tuesday to discuss the country\u2019s legal system and offer long-term hope that steps can be taken toward democratic reforms.<\/p>\n

But the road won\u2019t be easy, the scholars said, and significant change will take time. The session was sponsored by the\u00a0Human Rights Program<\/a>, the\u00a0Davis Center for Russian and Eurasian Studies<\/a> and the HLS Advocates for Human Rights,<\/p>\n

Lawyer Sergey Golubok has been involved in a number of recent high-profile cases, including the defense of several members of a Greenpeace activist group jailed after they attempted to board a Russian oil rig to protest oil exploration in the Barents Sea, as well as the defense of members of the feminist protest rock group Pussy Riot, who were jailed after protesting against Russian President Vladimir Putin in an Orthodox Church in Moscow. Golubok said the biggest legal concern in Russia is the lack of judicial independence.<\/p>\n

While high-profile cases attract considerable public attention, they often fail to shine light on \u201cthe systemic problems, the systemic deficiencies\u201d in the Russian legal system, he said.<\/p>\n

Judges are consistently pressured when making decisions, from both within the judiciary and the executive branch, and attempts at independence typically result in immediate dismissal, said Golubok. He said the criminal and civil legal system also lacks transparency, with rulings on particular cases often impossible to obtain, and an unfair system of allocating cases.<\/p>\n

Even the relatively independent system of commercial courts, which was established in the 1990s in response to Russia\u2019s emerging market economy, and which had established its own framework and case law, probably will soon be folded back into the general legal system in the wake of a January decision to abolish the court.<\/p>\n

\u201cIt shows the lack of willingness on the part of the authorities to tolerate even this relative independence,\u201d Golubok said.<\/p>\n

\u201cI know the picture is somewhat depressing,\u201d said Golubok. He offered hope in the form of Russia\u2019s involvement with the European Convention on Human Rights, the Council of Europe, and the European Court of Human Rights<\/a>, as \u201can important player in the picture,\u201d but warned that despite the European court\u2019s involvement in such cases, it \u201ccannot quash the domestic decisions.\u201d<\/p>\n

\u201cThe only thing the European Court of Human Rights can do is to declare that in the course of the domestic proceedings, provisions of the European Convention on Human Rights have been violated,\u201d Golubok said. \u201cYou cannot supervise the functioning of the legal system from Strasbourg,\u201d France.<\/p>\n

Anton Burkov, a public interest litigator, sounded a guarded though somewhat more optimistic note in describing his experiences arguing before Russia\u2019s supreme court. \u201cWe need to use what we have,\u201d said Burkov, who works with Sutyajnik, a nongovernmental human rights organization founded in 1994.<\/p>\n

While investigating allegations of corrupt election practices, Burkov was encouraged by members of the community to run for office in an effort to expose campaign abuses. \u201cWe thought we might use this opportunity to monitor the system of elections from within.\u201d<\/p>\n

His campaign quickly faced accusations of violations levied against it by the election commission, which argued that he and several other candidates had incorrectly reported their campaign finance information. The problem, said Burkov, was that these financial rules and regulations \u201cwere simply not published.\u201d<\/p>\n

With no way to follow the rules accurately, Burkov took his case to the supreme court. Though he and his cohorts lost because the \u201cregulation was published one week before the hearing at the supreme court,\u201d it was still a victory, he said. \u201cWhen we started this litigation campaign, elections commissions stopped putting pressure on the candidates.\u201d<\/p>\n

\u201cThe use of strategic litigation is important,\u201d Burkov said, \u201cbecause NGOs have very limited resources. They have to select particular cases, which will have the most impact, not just for the client who is the victim, but also for the indefinite circle of people [affected].\u201d<\/p>\n

Joshua Rubenstein, an associate of the Davis Center and former northeast regional director of Amnesty International<\/a>, moderated the afternoon discussion. He said that, in contrast to Soviet times, the mere presence of the scholars at Harvard was a sign of progress.<\/p>\n

The facts that both scholars were allowed to travel to the United States where they could openly talk about their ongoing work, that they would be able to return to Russia \u201cwithout much difficulty,\u201d and that they are actively involved with the European Court of Human Rights, said Rubenstein, signified a \u00a0shift toward openness.<\/p>\n

\u201c[It\u2019s] some kind of advance,\u201d Rubenstein said, \u201chowever vague, however undefined.\u201d<\/p>\n\n\n<\/div>\n\n\t\t","protected":false},"excerpt":{"rendered":"

Two of Russia\u2019s leading human rights lawyers visited Harvard Law School to discuss the country\u2019s legal system and offer some hope for ways toward democratic reforms in the coming years.<\/p>\n","protected":false},"author":105622744,"featured_media":153613,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"gz_ga_pageviews":0,"gz_ga_lastupdated":"","document_color_palette":"crimson","author":"Colleen Walsh","affiliation":"Harvard Staff 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Golubok was joined by Anton Burkov (right), who simply stated, \u201cWe need to use what we have."<\/p><p class=\"wp-element-caption--credit\">Rose Lincoln\/Harvard Staff Photographer<\/p><\/figcaption><\/figure>\n","innerContent":["<figure class=\"wp-block-image\"><img alt=\"\" height=\"403\" loading=\"eager\" src=\"https:\/\/news.harvard.edu\/gazette\/wp-content\/uploads\/2014\/03\/031114_russia__605m.jpg\" width=\"605\"\/><figcaption class=\"wp-element-caption\"><p class=\"wp-element-caption--caption\">Russian human rights lawyer Sergei Golubok (center) said the biggest legal concern in Russia is the lack of judicial independence. Golubok was joined by Anton Burkov (right), who simply stated, \u201cWe need to use what we have."<\/p><p class=\"wp-element-caption--credit\">Rose Lincoln\/Harvard Staff Photographer<\/p><\/figcaption><\/figure>\n"],"rendered":"<header\n\tclass=\"wp-block-harvard-gazette-article-header alignfull article-header is-style-full-width-text-below centered-image\"\n\tstyle=\" \"\n>\n\t<figure class=\"wp-block-image\"><img alt=\"\" height=\"403\" loading=\"eager\" src=\"https:\/\/news.harvard.edu\/gazette\/wp-content\/uploads\/2014\/03\/031114_russia__605m.jpg\" width=\"605\"\/><figcaption class=\"wp-element-caption\"><p class=\"wp-element-caption--caption\">Russian human rights lawyer Sergei Golubok (center) said the biggest legal concern in Russia is the lack of judicial independence. Golubok was joined by Anton Burkov (right), who simply stated, \u201cWe need to use what we have."<\/p><p class=\"wp-element-caption--credit\">Rose Lincoln\/Harvard Staff Photographer<\/p><\/figcaption><\/figure>\n\n\t<div class=\"article-header__content\">\n\t\t\t<a\n\t\t\tclass=\"article-header__category\"\n\t\t\thref=\"https:\/\/news.harvard.edu\/gazette\/section\/nation-world\/\"\n\t\t>\n\t\t\tNation & World\t\t<\/a>\n\t\t\n\t\t<h1 class=\"article-header__title wp-block-heading \">\n\t\tRussia and rights\t<\/h1>\n\n\t\n\t\t\t<\/div>\n\t\t\n\t<div class=\"article-header__meta\">\n\t\t<div class=\"wp-block-post-author\">\n\t\t\t<address class=\"wp-block-post-author__content\">\n\t\t\t\t\t<p class=\"author wp-block-post-author__name\">\n\t\tColleen Walsh\t<\/p>\n\t\t\t<p class=\"wp-block-post-author__byline\">\n\t\t\tHarvard Staff Writer\t\t<\/p>\n\t\t\t\t\t<\/address>\n\t\t<\/div>\n\n\t\t<time class=\"article-header__date\" datetime=\"2014-03-11\">\n\t\t\tMarch 11, 2014\t\t<\/time>\n\n\t\t<span class=\"article-header__reading-time\">\n\t\t\t5 min read\t\t<\/span>\n\t<\/div>\n\n\t\n\t\t\t<h2 class=\"article-header__subheading wp-block-heading\">\n\t\t\tLawyers outline ways in which legal system there is undercut from within, though they also see cause for hope\t\t<\/h2>\n\t\t\n<\/header>\n"},"2":{"blockName":"core\/group","attrs":{"templateLock":false,"metadata":{"name":"Article content"},"align":"wide","layout":{"type":"constrained","justifyContent":"center"},"tagName":"div","lock":[],"className":"","style":[],"backgroundColor":"","textColor":"","gradient":"","fontSize":"","fontFamily":"","borderColor":"","ariaLabel":"","anchor":""},"innerBlocks":[{"blockName":"core\/freeform","attrs":{"content":"","lock":[],"metadata":[]},"innerBlocks":[],"innerHTML":"\n\t\t<p>Two leading Russian human rights attorneys visited <a href=\"http:\/\/www.law.harvard.edu\">Harvard Law School<\/a> (HLS) on Tuesday to discuss the country\u2019s legal system and offer long-term hope that steps can be taken toward democratic reforms.<\/p>\n<p>But the road won\u2019t be easy, the scholars said, and significant change will take time. The session was sponsored by the\u00a0<a href=\"http:\/\/hrp.law.harvard.edu\">Human Rights Program<\/a>, the\u00a0<a href=\"http:\/\/daviscenter.fas.harvard.edu\">Davis Center for Russian and Eurasian Studies<\/a> and the HLS Advocates for Human Rights,<\/p>\n<p>Lawyer Sergey Golubok has been involved in a number of recent high-profile cases, including the defense of several members of a Greenpeace activist group jailed after they attempted to board a Russian oil rig to protest oil exploration in the Barents Sea, as well as the defense of members of the feminist protest rock group Pussy Riot, who were jailed after protesting against Russian President Vladimir Putin in an Orthodox Church in Moscow. Golubok said the biggest legal concern in Russia is the lack of judicial independence.<\/p>\n<p>While high-profile cases attract considerable public attention, they often fail to shine light on \u201cthe systemic problems, the systemic deficiencies\u201d in the Russian legal system, he said.<\/p>\n<p>Judges are consistently pressured when making decisions, from both within the judiciary and the executive branch, and attempts at independence typically result in immediate dismissal, said Golubok. He said the criminal and civil legal system also lacks transparency, with rulings on particular cases often impossible to obtain, and an unfair system of allocating cases.<\/p>\n<p>Even the relatively independent system of commercial courts, which was established in the 1990s in response to Russia\u2019s emerging market economy, and which had established its own framework and case law, probably will soon be folded back into the general legal system in the wake of a January decision to abolish the court.<\/p>\n<p>\u201cIt shows the lack of willingness on the part of the authorities to tolerate even this relative independence,\u201d Golubok said.<\/p>\n<p>\u201cI know the picture is somewhat depressing,\u201d said Golubok. He offered hope in the form of Russia\u2019s involvement with the European Convention on Human Rights, the Council of Europe, and <a href=\"http:\/\/www.echr.coe.int\/Pages\/home.aspx?p=home\">the European Court of Human Rights<\/a>, as \u201can important player in the picture,\u201d but warned that despite the European court\u2019s involvement in such cases, it \u201ccannot quash the domestic decisions.\u201d<\/p>\n<p>\u201cThe only thing the European Court of Human Rights can do is to declare that in the course of the domestic proceedings, provisions of the European Convention on Human Rights have been violated,\u201d Golubok said. \u201cYou cannot supervise the functioning of the legal system from Strasbourg,\u201d France.<\/p>\n<p>Anton Burkov, a public interest litigator, sounded a guarded though somewhat more optimistic note in describing his experiences arguing before Russia\u2019s supreme court. \u201cWe need to use what we have,\u201d said Burkov, who works with Sutyajnik, a nongovernmental human rights organization founded in 1994.<\/p>\n<p>While investigating allegations of corrupt election practices, Burkov was encouraged by members of the community to run for office in an effort to expose campaign abuses. \u201cWe thought we might use this opportunity to monitor the system of elections from within.\u201d<\/p>\n<p>His campaign quickly faced accusations of violations levied against it by the election commission, which argued that he and several other candidates had incorrectly reported their campaign finance information. The problem, said Burkov, was that these financial rules and regulations \u201cwere simply not published.\u201d<\/p>\n<p>With no way to follow the rules accurately, Burkov took his case to the supreme court. Though he and his cohorts lost because the \u201cregulation was published one week before the hearing at the supreme court,\u201d it was still a victory, he said. \u201cWhen we started this litigation campaign, elections commissions stopped putting pressure on the candidates.\u201d<\/p>\n<p>\u201cThe use of strategic litigation is important,\u201d Burkov said, \u201cbecause NGOs have very limited resources. They have to select particular cases, which will have the most impact, not just for the client who is the victim, but also for the indefinite circle of people [affected].\u201d<\/p>\n<p>Joshua Rubenstein, an associate of the Davis Center and former northeast regional director of <a href=\"http:\/\/www.amnestyusa.org\">Amnesty International<\/a>, moderated the afternoon discussion. He said that, in contrast to Soviet times, the mere presence of the scholars at Harvard was a sign of progress.<\/p>\n<p>The facts that both scholars were allowed to travel to the United States where they could openly talk about their ongoing work, that they would be able to return to Russia \u201cwithout much difficulty,\u201d and that they are actively involved with the European Court of Human Rights, said Rubenstein, signified a \u00a0shift toward openness.<\/p>\n<p>\u201c[It\u2019s] some kind of advance,\u201d Rubenstein said, \u201chowever vague, however undefined.\u201d<\/p>\n","innerContent":["\n\t\t<p>Two leading Russian human rights attorneys visited <a href=\"http:\/\/www.law.harvard.edu\">Harvard Law School<\/a> (HLS) on Tuesday to discuss the country\u2019s legal system and offer long-term hope that steps can be taken toward democratic reforms.<\/p>\n<p>But the road won\u2019t be easy, the scholars said, and significant change will take time. The session was sponsored by the\u00a0<a href=\"http:\/\/hrp.law.harvard.edu\">Human Rights Program<\/a>, the\u00a0<a href=\"http:\/\/daviscenter.fas.harvard.edu\">Davis Center for Russian and Eurasian Studies<\/a> and the HLS Advocates for Human Rights,<\/p>\n<p>Lawyer Sergey Golubok has been involved in a number of recent high-profile cases, including the defense of several members of a Greenpeace activist group jailed after they attempted to board a Russian oil rig to protest oil exploration in the Barents Sea, as well as the defense of members of the feminist protest rock group Pussy Riot, who were jailed after protesting against Russian President Vladimir Putin in an Orthodox Church in Moscow. Golubok said the biggest legal concern in Russia is the lack of judicial independence.<\/p>\n<p>While high-profile cases attract considerable public attention, they often fail to shine light on \u201cthe systemic problems, the systemic deficiencies\u201d in the Russian legal system, he said.<\/p>\n<p>Judges are consistently pressured when making decisions, from both within the judiciary and the executive branch, and attempts at independence typically result in immediate dismissal, said Golubok. He said the criminal and civil legal system also lacks transparency, with rulings on particular cases often impossible to obtain, and an unfair system of allocating cases.<\/p>\n<p>Even the relatively independent system of commercial courts, which was established in the 1990s in response to Russia\u2019s emerging market economy, and which had established its own framework and case law, probably will soon be folded back into the general legal system in the wake of a January decision to abolish the court.<\/p>\n<p>\u201cIt shows the lack of willingness on the part of the authorities to tolerate even this relative independence,\u201d Golubok said.<\/p>\n<p>\u201cI know the picture is somewhat depressing,\u201d said Golubok. He offered hope in the form of Russia\u2019s involvement with the European Convention on Human Rights, the Council of Europe, and <a href=\"http:\/\/www.echr.coe.int\/Pages\/home.aspx?p=home\">the European Court of Human Rights<\/a>, as \u201can important player in the picture,\u201d but warned that despite the European court\u2019s involvement in such cases, it \u201ccannot quash the domestic decisions.\u201d<\/p>\n<p>\u201cThe only thing the European Court of Human Rights can do is to declare that in the course of the domestic proceedings, provisions of the European Convention on Human Rights have been violated,\u201d Golubok said. \u201cYou cannot supervise the functioning of the legal system from Strasbourg,\u201d France.<\/p>\n<p>Anton Burkov, a public interest litigator, sounded a guarded though somewhat more optimistic note in describing his experiences arguing before Russia\u2019s supreme court. \u201cWe need to use what we have,\u201d said Burkov, who works with Sutyajnik, a nongovernmental human rights organization founded in 1994.<\/p>\n<p>While investigating allegations of corrupt election practices, Burkov was encouraged by members of the community to run for office in an effort to expose campaign abuses. \u201cWe thought we might use this opportunity to monitor the system of elections from within.\u201d<\/p>\n<p>His campaign quickly faced accusations of violations levied against it by the election commission, which argued that he and several other candidates had incorrectly reported their campaign finance information. The problem, said Burkov, was that these financial rules and regulations \u201cwere simply not published.\u201d<\/p>\n<p>With no way to follow the rules accurately, Burkov took his case to the supreme court. Though he and his cohorts lost because the \u201cregulation was published one week before the hearing at the supreme court,\u201d it was still a victory, he said. \u201cWhen we started this litigation campaign, elections commissions stopped putting pressure on the candidates.\u201d<\/p>\n<p>\u201cThe use of strategic litigation is important,\u201d Burkov said, \u201cbecause NGOs have very limited resources. They have to select particular cases, which will have the most impact, not just for the client who is the victim, but also for the indefinite circle of people [affected].\u201d<\/p>\n<p>Joshua Rubenstein, an associate of the Davis Center and former northeast regional director of <a href=\"http:\/\/www.amnestyusa.org\">Amnesty International<\/a>, moderated the afternoon discussion. He said that, in contrast to Soviet times, the mere presence of the scholars at Harvard was a sign of progress.<\/p>\n<p>The facts that both scholars were allowed to travel to the United States where they could openly talk about their ongoing work, that they would be able to return to Russia \u201cwithout much difficulty,\u201d and that they are actively involved with the European Court of Human Rights, said Rubenstein, signified a \u00a0shift toward openness.<\/p>\n<p>\u201c[It\u2019s] some kind of advance,\u201d Rubenstein said, \u201chowever vague, however undefined.\u201d<\/p>\n"],"rendered":"\n\t\t<p>Two leading Russian human rights attorneys visited <a href=\"http:\/\/www.law.harvard.edu\">Harvard Law School<\/a> (HLS) on Tuesday to discuss the country\u2019s legal system and offer long-term hope that steps can be taken toward democratic reforms.<\/p>\n<p>But the road won\u2019t be easy, the scholars said, and significant change will take time. The session was sponsored by the\u00a0<a href=\"http:\/\/hrp.law.harvard.edu\">Human Rights Program<\/a>, the\u00a0<a href=\"http:\/\/daviscenter.fas.harvard.edu\">Davis Center for Russian and Eurasian Studies<\/a> and the HLS Advocates for Human Rights,<\/p>\n<p>Lawyer Sergey Golubok has been involved in a number of recent high-profile cases, including the defense of several members of a Greenpeace activist group jailed after they attempted to board a Russian oil rig to protest oil exploration in the Barents Sea, as well as the defense of members of the feminist protest rock group Pussy Riot, who were jailed after protesting against Russian President Vladimir Putin in an Orthodox Church in Moscow. Golubok said the biggest legal concern in Russia is the lack of judicial independence.<\/p>\n<p>While high-profile cases attract considerable public attention, they often fail to shine light on \u201cthe systemic problems, the systemic deficiencies\u201d in the Russian legal system, he said.<\/p>\n<p>Judges are consistently pressured when making decisions, from both within the judiciary and the executive branch, and attempts at independence typically result in immediate dismissal, said Golubok. He said the criminal and civil legal system also lacks transparency, with rulings on particular cases often impossible to obtain, and an unfair system of allocating cases.<\/p>\n<p>Even the relatively independent system of commercial courts, which was established in the 1990s in response to Russia\u2019s emerging market economy, and which had established its own framework and case law, probably will soon be folded back into the general legal system in the wake of a January decision to abolish the court.<\/p>\n<p>\u201cIt shows the lack of willingness on the part of the authorities to tolerate even this relative independence,\u201d Golubok said.<\/p>\n<p>\u201cI know the picture is somewhat depressing,\u201d said Golubok. He offered hope in the form of Russia\u2019s involvement with the European Convention on Human Rights, the Council of Europe, and <a href=\"http:\/\/www.echr.coe.int\/Pages\/home.aspx?p=home\">the European Court of Human Rights<\/a>, as \u201can important player in the picture,\u201d but warned that despite the European court\u2019s involvement in such cases, it \u201ccannot quash the domestic decisions.\u201d<\/p>\n<p>\u201cThe only thing the European Court of Human Rights can do is to declare that in the course of the domestic proceedings, provisions of the European Convention on Human Rights have been violated,\u201d Golubok said. \u201cYou cannot supervise the functioning of the legal system from Strasbourg,\u201d France.<\/p>\n<p>Anton Burkov, a public interest litigator, sounded a guarded though somewhat more optimistic note in describing his experiences arguing before Russia\u2019s supreme court. \u201cWe need to use what we have,\u201d said Burkov, who works with Sutyajnik, a nongovernmental human rights organization founded in 1994.<\/p>\n<p>While investigating allegations of corrupt election practices, Burkov was encouraged by members of the community to run for office in an effort to expose campaign abuses. \u201cWe thought we might use this opportunity to monitor the system of elections from within.\u201d<\/p>\n<p>His campaign quickly faced accusations of violations levied against it by the election commission, which argued that he and several other candidates had incorrectly reported their campaign finance information. The problem, said Burkov, was that these financial rules and regulations \u201cwere simply not published.\u201d<\/p>\n<p>With no way to follow the rules accurately, Burkov took his case to the supreme court. Though he and his cohorts lost because the \u201cregulation was published one week before the hearing at the supreme court,\u201d it was still a victory, he said. \u201cWhen we started this litigation campaign, elections commissions stopped putting pressure on the candidates.\u201d<\/p>\n<p>\u201cThe use of strategic litigation is important,\u201d Burkov said, \u201cbecause NGOs have very limited resources. They have to select particular cases, which will have the most impact, not just for the client who is the victim, but also for the indefinite circle of people [affected].\u201d<\/p>\n<p>Joshua Rubenstein, an associate of the Davis Center and former northeast regional director of <a href=\"http:\/\/www.amnestyusa.org\">Amnesty International<\/a>, moderated the afternoon discussion. He said that, in contrast to Soviet times, the mere presence of the scholars at Harvard was a sign of progress.<\/p>\n<p>The facts that both scholars were allowed to travel to the United States where they could openly talk about their ongoing work, that they would be able to return to Russia \u201cwithout much difficulty,\u201d and that they are actively involved with the European Court of Human Rights, said Rubenstein, signified a \u00a0shift toward openness.<\/p>\n<p>\u201c[It\u2019s] some kind of advance,\u201d Rubenstein said, \u201chowever vague, however undefined.\u201d<\/p>\n"}],"innerHTML":"\n<div class=\"wp-block-group alignwide\">\n\n\n\n<\/div>\n","innerContent":["\n<div class=\"wp-block-group alignwide\">\n\n","\n\n<\/div>\n"],"rendered":"\n<div class=\"wp-block-group alignwide has-global-padding is-content-justification-center is-layout-constrained wp-block-group-is-layout-constrained\">\n\n\n\t\t<p>Two leading Russian human rights attorneys visited <a href=\"http:\/\/www.law.harvard.edu\">Harvard Law School<\/a> (HLS) on Tuesday to discuss the country\u2019s legal system and offer long-term hope that steps can be taken toward democratic reforms.<\/p>\n<p>But the road won\u2019t be easy, the scholars said, and significant change will take time. The session was sponsored by the\u00a0<a href=\"http:\/\/hrp.law.harvard.edu\">Human Rights Program<\/a>, the\u00a0<a href=\"http:\/\/daviscenter.fas.harvard.edu\">Davis Center for Russian and Eurasian Studies<\/a> and the HLS Advocates for Human Rights,<\/p>\n<p>Lawyer Sergey Golubok has been involved in a number of recent high-profile cases, including the defense of several members of a Greenpeace activist group jailed after they attempted to board a Russian oil rig to protest oil exploration in the Barents Sea, as well as the defense of members of the feminist protest rock group Pussy Riot, who were jailed after protesting against Russian President Vladimir Putin in an Orthodox Church in Moscow. Golubok said the biggest legal concern in Russia is the lack of judicial independence.<\/p>\n<p>While high-profile cases attract considerable public attention, they often fail to shine light on \u201cthe systemic problems, the systemic deficiencies\u201d in the Russian legal system, he said.<\/p>\n<p>Judges are consistently pressured when making decisions, from both within the judiciary and the executive branch, and attempts at independence typically result in immediate dismissal, said Golubok. He said the criminal and civil legal system also lacks transparency, with rulings on particular cases often impossible to obtain, and an unfair system of allocating cases.<\/p>\n<p>Even the relatively independent system of commercial courts, which was established in the 1990s in response to Russia\u2019s emerging market economy, and which had established its own framework and case law, probably will soon be folded back into the general legal system in the wake of a January decision to abolish the court.<\/p>\n<p>\u201cIt shows the lack of willingness on the part of the authorities to tolerate even this relative independence,\u201d Golubok said.<\/p>\n<p>\u201cI know the picture is somewhat depressing,\u201d said Golubok. He offered hope in the form of Russia\u2019s involvement with the European Convention on Human Rights, the Council of Europe, and <a href=\"http:\/\/www.echr.coe.int\/Pages\/home.aspx?p=home\">the European Court of Human Rights<\/a>, as \u201can important player in the picture,\u201d but warned that despite the European court\u2019s involvement in such cases, it \u201ccannot quash the domestic decisions.\u201d<\/p>\n<p>\u201cThe only thing the European Court of Human Rights can do is to declare that in the course of the domestic proceedings, provisions of the European Convention on Human Rights have been violated,\u201d Golubok said. \u201cYou cannot supervise the functioning of the legal system from Strasbourg,\u201d France.<\/p>\n<p>Anton Burkov, a public interest litigator, sounded a guarded though somewhat more optimistic note in describing his experiences arguing before Russia\u2019s supreme court. \u201cWe need to use what we have,\u201d said Burkov, who works with Sutyajnik, a nongovernmental human rights organization founded in 1994.<\/p>\n<p>While investigating allegations of corrupt election practices, Burkov was encouraged by members of the community to run for office in an effort to expose campaign abuses. \u201cWe thought we might use this opportunity to monitor the system of elections from within.\u201d<\/p>\n<p>His campaign quickly faced accusations of violations levied against it by the election commission, which argued that he and several other candidates had incorrectly reported their campaign finance information. The problem, said Burkov, was that these financial rules and regulations \u201cwere simply not published.\u201d<\/p>\n<p>With no way to follow the rules accurately, Burkov took his case to the supreme court. Though he and his cohorts lost because the \u201cregulation was published one week before the hearing at the supreme court,\u201d it was still a victory, he said. \u201cWhen we started this litigation campaign, elections commissions stopped putting pressure on the candidates.\u201d<\/p>\n<p>\u201cThe use of strategic litigation is important,\u201d Burkov said, \u201cbecause NGOs have very limited resources. They have to select particular cases, which will have the most impact, not just for the client who is the victim, but also for the indefinite circle of people [affected].\u201d<\/p>\n<p>Joshua Rubenstein, an associate of the Davis Center and former northeast regional director of <a href=\"http:\/\/www.amnestyusa.org\">Amnesty International<\/a>, moderated the afternoon discussion. He said that, in contrast to Soviet times, the mere presence of the scholars at Harvard was a sign of progress.<\/p>\n<p>The facts that both scholars were allowed to travel to the United States where they could openly talk about their ongoing work, that they would be able to return to Russia \u201cwithout much difficulty,\u201d and that they are actively involved with the European Court of Human Rights, said Rubenstein, signified a \u00a0shift toward openness.<\/p>\n<p>\u201c[It\u2019s] some kind of advance,\u201d Rubenstein said, \u201chowever vague, however undefined.\u201d<\/p>\n\n\n<\/div>\n"}},"jetpack-related-posts":[{"id":354151,"url":"https:\/\/news.harvard.edu\/gazette\/story\/2023\/02\/former-human-rights-watch-chief-speaks-at-law-school\/","url_meta":{"origin":153608,"position":0},"title":"Is global tide turning in favor of autocrats?","author":"harvardgazette","date":"February 13, 2023","format":false,"excerpt":"Kenneth Roth says autocracies are weakening; democracies also face flaw.","rel":"","context":"In "Nation & World"","block_context":{"text":"Nation & World","link":"https:\/\/news.harvard.edu\/gazette\/section\/nation-world\/"},"img":{"alt_text":"Kenneth Roth.","src":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2023\/02\/2500_Roth_016.jpg?resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2023\/02\/2500_Roth_016.jpg?resize=350%2C200 1x, https:\/\/news.harvard.edu\/wp-content\/uploads\/2023\/02\/2500_Roth_016.jpg?resize=525%2C300 1.5x, https:\/\/news.harvard.edu\/wp-content\/uploads\/2023\/02\/2500_Roth_016.jpg?resize=700%2C400 2x"},"classes":[]},{"id":176350,"url":"https:\/\/news.harvard.edu\/gazette\/story\/2015\/11\/the-plight-of-the-roma\/","url_meta":{"origin":153608,"position":1},"title":"The plight of the Roma","author":"harvardgazette","date":"November 24, 2015","format":false,"excerpt":"At Harvard Law School, human rights activists delved into legal ways to fight discrimination against Europe\u2019s largest ethnic minority.","rel":"","context":"In "Nation & World"","block_context":{"text":"Nation & World","link":"https:\/\/news.harvard.edu\/gazette\/section\/nation-world\/"},"img":{"alt_text":"","src":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2015\/11\/111615_roma_040_605.jpg?resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2015\/11\/111615_roma_040_605.jpg?resize=350%2C200 1x, https:\/\/news.harvard.edu\/wp-content\/uploads\/2015\/11\/111615_roma_040_605.jpg?resize=525%2C300 1.5x"},"classes":[]},{"id":163172,"url":"https:\/\/news.harvard.edu\/gazette\/story\/2014\/11\/defining-rights\/","url_meta":{"origin":153608,"position":2},"title":"Defining rights","author":"harvardgazette","date":"November 13, 2014","format":false,"excerpt":"Researchers from around the world came to Harvard to examine the rise of international court cases on issues of sexual and reproductive rights.","rel":"","context":"In "Health"","block_context":{"text":"Health","link":"https:\/\/news.harvard.edu\/gazette\/section\/health\/"},"img":{"alt_text":"","src":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2014\/11\/100614_reprolaw_277_605.jpg?resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2014\/11\/100614_reprolaw_277_605.jpg?resize=350%2C200 1x, https:\/\/news.harvard.edu\/wp-content\/uploads\/2014\/11\/100614_reprolaw_277_605.jpg?resize=525%2C300 1.5x"},"classes":[]},{"id":368022,"url":"https:\/\/news.harvard.edu\/gazette\/story\/2023\/12\/human-rights-vision-and-reality\/","url_meta":{"origin":153608,"position":3},"title":"Human rights \u2014 \u2018vision and reality\u2019","author":"gazettebeckycoleman","date":"December 20, 2023","format":false,"excerpt":"Scholars reflect on movement 75 years after landmark document adopted by U.N.","rel":"","context":"In "Nation & World"","block_context":{"text":"Nation & 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