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We Are Sutyajnik. 2005 ANNUAL REPORT
6. Representing the Interests of Citizens and Organizations in Courts
In 2005 Sutyajnik was involved in litigating over 120 cases. You can become
acquainted with them in the new section of our site “Court Cases” (www.sutyajnik.ru/cgi-bin/cases.php),
where daily legal work, including prepared documents and judicial decisions, are
available.
Some example of successful cases:
Ponyatovsky v. Government. On 14 July 2005, the Russian Constitutional Court
decided a landmark case on the right to a fair trial. The Federal Government
Order of Execution of Judgments (with the peculiar number 666) was ruled
unconstitutional. Essentially, the Court held that an important category of
judgments against the Government shall be legally enforced. Prior to this
decision, plaintiffs could win the judgment against the Government but had to
follow a government order which obliged the applicants to rely on its good will
in order for the judgment to be executed.
The Government’s newspaper ‘Russian Newspaper’ called the Constitutional Court’s
judgment a ‘truly revolutionary’ decision on the right to a fair trial. This is
true in many regards, particularly in that it is the first case against the
Federal Government ever brought before the Constitutional Court by citizens (and
not by state authorities or officials). In addition, this judgment is unique in
that the Court applied four European Court of Human Rights judgments (in Article
6(1) and Article 1 of Protocol 1 to the Convention on Human Rights and
Fundamental Freedoms), which is rare in the legal practice of the Russian courts.
For more details on the case refer to
www.sutyajnik.ru/rus/cases/p_v_gov
The Yekaterinburg City Administration Committee responsible for relationships
with NGOs was held under court scrutiny for its refusal to hold a picket. The
court ruled that the Committee’s actions were illegal.
See
here
In July 2005 a Sverlovsk oblast court awarded N. A. Smol’ianinova around 100,000
roubles, collected from the Russian Federation Ministry of Finance, for the
death of her son in the hands of officials of the Serov police station.
See here
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