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OSCE Resolution

Publish date: July 7, 1999

The case against Mr. Nikitin involves violations of several provisions in the Russian Constitution and the European Convention on Human Rights.
Converted document


8th Annual OSCE Pa. Session, St. Petersburg 6. – 10. July 1999
Supplementary Item on

THE DEVELOPMENT OF RULE OF LAW AND HUMAN RIGHTS IN THE RUSSIAN FEDERATION

1. Recalling the important work carried out by the Russian Federation in order to reform its criminal justice system, and its adopting of the Constitution of 1993 and ratification of the European Convention on Human Rights;

2. Emphasising the need for measures to implement legal reforms in the practice of courts of law, so that the reforms will serve their purpose;

3. Underlining that future reforms may loose credibility, if they are passed without being carried out in practical judicial life;

4. Pointing out the ongoing case of Russian citizen Aleksandr Nikitin, who since the fall of 1995 has been the victim of unjustified proceedings based on secret and retroactive legislation; been remanded in custody for ten months and since been subject to travel restrictions on the bases of criminal charges founded on the said legislation, been deprived the right to an effective remedy, as the St. Petersburg City Court in October 1998 and the Russian Supreme Court in February 1999, returned his case to additional investigation rather than determining it, despite the fact that none of the courts founds any tenable evidence against him;

5. Noting that the case against Mr. Nikitin involves violations of several provisions in the Russian Constitution and the European Convention on Human Rights;

The OSCE Parliamentary Assembly, 6. Recommends that the authorities of the Russian Federation ensure proper implementation of necessary legal reforms related to the rule of law.

7. Request Russian authorities to continue their admirable struggle towards the establishment of the rule of law, so that the rights and freedoms of the Russian Constitution and the European Convention are accomplished not only on paper, but also in practice.

Signed:
Ms. Fossum, Norway
Mr. Engebretsen, Norway
Mr. Hern?s, Norway
Mr. Nymo, Norway
Mr. de Haan, Netherlands
Mr. Koenders, Netherlands
Ms. Meijer, Netherlands
Mr. van den Doel, Netherlands,
Mr. Wimmer, Germany
Ms. Griesshaber, Germany
Mr. Hofer, Germany
Mr. Weisskirchen, Germany
Mr. Thierse, Germany
Mr. Ross, United Kingdom
Mr. George, United Kingdom
Mr. Cohen, United Kingdom
Ms. Wegestal, Sweden
Mr. Skaarup, Denmark
Mr. Sverrisdottir, Iceland
Ms. Kammerlander, Austria
Mr. Ross, United Kingdom

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