Tools of persuasion: the efforts of the Council of Europe and the European Court of Human Rights to reform the Russian pre-trial detention system

Abstract

This paper examines the tools available to the Council of Europe and the European Court of Human Rights (ECHR) for promoting Russian compliance with the European Convention on Human Rights regarding pre-trial detention conditions. As cases regarding the poor treatment of prisoners in Russian pre-trial detention centers continue to burden the ECHR, the Court has begun implementing alternative methods of curbing what it views as a systemic problem within the Russian prison system. Mechanisms considered include the awarding of financial damages, which has thus far been difficult to enforce, as well as the newly adopted mechanism of the pilot judgment procedure. The pilot judgment procedure presents a strong tool for the ECHR in gaining compliance from the Russian government and affecting reform within the pre-trial detention system, as long as the ECHR treats Russia as an equal partner.

Keywords::

• European Court of Human Rights
• Russia
• pre-trial detention
• SIZO
• pilot judgment

Acknowledgements

I extend my gratitude to Dr Susan G. Solomon for her guidance in the research and writing of the Master's research paper, which served as the basis for this article, and encouragement to seek its publication. I also want to give my sincere thanks to Dr Peter H. Solomon, Jr, whose course provided me with the inspiration for this article and whose help in locating various research materials is greatly appreciated. Finally, I would like to thank Patrick Brock for his invaluable support in all of my academic pursuits.

Notes

^1. Italics original to text.

^2. Italics original to text.

^3. See Appendix 2 – Volchkov v. Russia (Application no. 45196/04).

^4. Translation by the author.