Pre-trial Detention - The European System of Human Rights Protection and Russia's Situation 

(Articles 3 and 5 of the European Convention on Human Rights and the Convention for the Prevention of Torture) 

(Duration: 2 days)

Conditions in Russian pre-trial detention centres are one urgent concern in human rights in Russia: detainees have to stay in overcrowded cells without appropriate food or medical assistance. Cases of ill-treatment are reported. Furthermore, the procedure for the arrest, holding in custody and detention of persons has still to be adjusted to the human rights standards laid down in the European instruments. 

Aim 

This workshop is designated to be a follow-up to the introductory seminars (see project proposal "Introduction to the European System of Human Rights Protection - Practical Aspects").
Participants are expected to obtain a detailed knowledge of the protection of personal freedom and its permitted restrictions under the convention. NGOs and lawyers should be able to critically accompany the drafting process of a new Code of Criminal Procedure and to review the contemporary practice of pre-trial detention. They should acquire the competence to invoke the rights guaranteed under Articles 3 and 5 of the Convention in domestic courts, to find and, if necessary, to exhaust all local remedies and to file an application to the Strasbourg Court. 

Audience 

The seminar is mainly directed to human rights activists and lawyers working in the field of pre-trial detention. Participants may also include judges, members of the Prokuratura, students or university teachers. 

Learning methods to achieve the aim 

An emphasis is laid on inter-active learning methods such as case studies, discussions in working groups and a moot court (mock trial), enabling participants to effectively make use of the acquired knowledge. 

Trainers: Members of the MOST project (German experts) 

TIME TABLE 

First day, morning session 

1. Introductory round: what human rights problems and achievements concerning criminal procedure and pre-trial detention do we see in Russia? 

Discussion 

General problems 

2. The guarantees of Art. 5 and Art. 1 of Protocol No. 4 (liberty and security of person) 

a. The concept of liberty under Art. 5 and the notion of legality - an overview 

b. Permitted deprivations of liberty (Art. 5 (1)), particularly pre-trial detention (Art. 5 (1) lit c): "reasonable suspicion" of having committed a crime; issue of an arrest warrant 

First day, afternoon session

Special problems 

3. Length of pre-trial detention and "trial within a reasonable time" (Art. 5 (3)) 
The Russian Code of Criminal Procedure, the Russian Constitution and the Convention 
Introduction and Discussion of practical problems in Russia 

4. Procedural Safeguards related to individuals detained on remand (Art. 5 (2,3,4)) 
a. Right to be informed of the reasons for arrest and any charges 
b. Right to be brought promptly before a judge or other officer authorised by law to exercise judicial power 
c. Right to test the legality of arrest or detention before a court 

5. Compensation for unlawful arrest or detention (Art. 5 (5)) 

6. Reservations made by Russia with respect to Art. 5 paras 3 and 4 of the Convention 

7. Art. 5 of the Convention and Art. 9 and 10 International Covenant on civil and political Rights 

Case studies 

Second day, morning session

Conditions in pre-trial centres 

7. Practical problems in Russian pre-trial centres 

Discussion 

8. Article 3 of the Convention. The European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT) and its relationship to Article 3 

9. The notions of "torture" and "inhuman or degrading treatment or punishment" within the meaning of Article 3 (inter alia: physical ill-treatment, interrogation methods) 

10. Prison conditions as inhuman or degrading treatment 

11. Standards of evidence, burden of proof. Practical problems 

Case studies 

12. Moot Court -Preparation 

Second day, afternoon session 

13. Moot Court: simulation of a hearing before the European Court of Human Rights 

14. Moot Court - evaluation 

15. Evaluation, conclusion and outlook