Right to fair trial restored

16 March 2017

On March 16, the Supreme Court of the Karachay-Cherkess Republic reversed the sentence in respect of citizen A. and recognized her right to rehabilitation. The positive outcome of the case was made possible because of the participation of the High Commissioner for Human Rights in Russia.

Earlier Ms A. complained to the High Commissioner that she had been insufficiently held criminally liable for defamation and fined five thousand rubles. This was caused by her report to the Prosecutor’s Office against her boss’s threats.

The High Commissioner studied the case and petitioned the Supreme Court of the Russian Federation to consider Ms A.’s complaint, reverse the sentence, and stop the criminal case proceedings.

In the petition the High Commissioner also pointed out the gross shortcomings made during the trial against Ms. A. In particular, the court failed to appoint and conduct a forensic linguistic examination, which is mandatory for defamation cases. In addition, the woman, without her consent, was applied a judicial act of amnesty, which excluded her right to demand rehabilitation afterwards.

On February 15, according to the decision of the Supreme Court of the Russian Federation Ms A.’s cassational appeal was handed over to the Supreme Court of the Karachay-Cherkess Republic.

A representative of the High Commissioner took part in the court session on the cassational appeal and argued the violation of the criminal liability principle because of Ms A.’s report to the Prosecutors Office. Moreover, the representative of the High Commissioner requested the court to reverse the sentence, close the criminal case and recognize Ms A.’s right to rehabilitation pursuant to provisions of para 2 of Part 1 of Article 401.14 of the Criminal Procedure Code of the Russian Federation to and to recognize Ms. A.’s right to rehabilitation.

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