May 13, 2010 By Grigory Pasko

Grigory Pasko: Rule of Law, But Without Juries

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The Constitutional Court of the Russian Federation recently issued a decree, according to which the conducting of judicial processes [trials] on a charge of terrorism without the participation of jurors was recognized as legal. The court likewise withdrew from the competence of jury trials criminal cases of the crimes prescribed in the Criminal Code by articles 206 “Capture of hostages”, 208 “Organization and participation in an unlawful armed formation”, 212 “Mass disturbances”, 275 “State treason”, 276 “Espionage”, 278 “Forcible capture of power or forcible retention of power”, 279 “Armed insurrection” and 281 “Diversion” [Russian for “Sabotage”–Trans.]. In the document, it is noted that a jury trial is not attributable to the number of fundamental rights, ones like the independence of the court or the presumption of innocence.

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Then I heard today on the radio the appearance of chairman of the Constitutional Court of the RF Valery Zorkin, who brought as an example a series of countries, including the USA, France, Germany, Spain, Great Britain, who have likewise introduced substantial correctives into their procedural legislation, connected with cases with respect to terrorism.

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