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Russia Constitutional Court upholds ban on jury trials for terrorism suspects

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Russia's Constitutional Court on Monday upheld the practice of trying terrorism cases in the absence of juries. Several Russian citizens had challenged the constitutionality of certain provisions of the country's Criminal Procedure Code, which provided that criminal cases involving crimes under articles 205 (terrorist act), 278 (violent seizure of power or forcible retention of power) and 279 (armed rebellion) are not considered with the participation of a jury, but rather by three judges. The petitioners argued that this practice violates the right to trial by jury, which is envisaged in Russia's Constitution. They also cited Article 55 of the Constitution, under which the country is barred from passing laws that abrogate or derogate from human rights. The Constitutional Court disagreed, finding that the constitution only guarantees jury trials in cases where the defendants could be sentenced to death. In other situations, the court said the right to trial by jury is defined by federal legislation. The court emphasized the impartiality and professionalism of the judges in Russia tasked with trying terrorism cases, noting that this would ensure fair trials for terrorism suspects. Russia has been tightening its anti-terrorism and other national security legislation recent years, leading to concerns that some of the reforms infringe on human rights. The provision banning jury trials for terrorism suspects was approved by Russian Dmitry President Medvedev at the beginning of 2009. Also last year, a spokesperson for Medvedev announced that his administration would modify a legislative proposal that would change the definition of treason, state secrets, and espionage. Last month, Medvedev proposed amending the country's terrorism legislation in the wake of twin suicide bombing attacks on Moscow subway stations. Literature including Mein Kampf and 34 religious books related to the Jehovah's Witnesses have been banned recently under the country's extremism laws.

Full post as published by JURIST - The Paper Chase on April 20, 2010 (boomark / email).